The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to consider Ms X’s reports of noise nuisance. The Council has confirmed it has asked its Environmental Health Team to consider the matter. Therefore further investigation will not lead to a different outcome. Also we cannot achieve the outcome Ms X is seeking.
The complaint
Ms X complains the Council refuses to act on her reports of noise nuisance from a dockless bike parking site near her home. She wants the site moved.
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: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to my enquiries the Council has confirmed its Environmental Health Team will open an investigation into Ms X’s reports of noise nuisance.
The Ombudsman cannot establish whether there is a statutory noise nuisance, this is a matter for the Council. As a noise investigation will now take place, further investigation will not lead to a different outcome. If Ms X is unhappy with the outcome of the Council’s investigation she can complain to the Council. If she remains dissatisfied, she can raise a new complaint with the Ombudsman.
Ms X wants the dockless bike site relocated. This is not something we can achieve.
Final decision
We will not investigate Ms X’s complaint because the Council has opened an investigation into her reports of noise nuisance. Further investigation by us on this point will not lead to a different outcome. Also, we cannot achieve the outcome Ms X is seeking.
Investigator's decision on behalf of the Ombudsman