The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council not resolving a noise issue from a Council building. It is unlikely investigation would achieve any worthwhile outcome for Mr X.
The complaint
Mr X said the Council has not resolved his complaint about noise from a Council building.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation(Local Government Act 1974, section 24A(6), as amended, section 34(B)).
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about noise coming from one of its buildings.
The Council said it worked with the relevant department to look into the issue. It explained it has now taken steps to deal with the noise issue and is satisfied this has reduced the noise to an acceptable level.
The Council cannot take formal action or serve a noise abatement notice on itself. We must therefore decide if the Council has properly considered the matter and taken appropriate action to deal with the noise. But we are not an appeal body and cannot reach our own view on whether the noise amounts to a nuisance. The Council’s responses show it has taken Mr X’s concerns seriously, taken steps to address the issue and visited his property to assess the current noise levels, which it considers acceptable. The Council’s view on this point is a matter of professional judgement and I have seen no basis for us to criticise it. If Mr X considers the noise continues to be a nuisance, he may wish to consider taking his own action at court.
I recognise Mr X is unhappy with the length of time it took the Council to properly investigate his concerns and to respond to them, but I do not consider the delay itself caused Mr X significant enough injustice to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because it is unlikely investigation would achieve any worthwhile outcome for Mr X.
Investigator's decision on behalf of the Ombudsman