Summary: The Ombudsman cannot investigate Mrs X’s complaint about noise from a neighbouring supported living facility. The Council, which places clients in the facility, is not conducting an administrative function for Mrs X, so there is no basis for the Ombudsman to investigate. The authority with enforcement powers to deal with Mrs X’s concerns about noise from the facility is a different council. Mrs X has complained to that council, which is the appropriate authority to deal with her complaint.

The complaint

1. Mrs X complains about noise from a ‘supported living’ property next door to her home, used by the Council to place people in need of its services.
2. Mrs X says her family has endured noise for many years from some residents in the property, which disrupts their family life. She has spent time trying to resolve the matter. Mrs X wants the Council to move the residents causing the noise to another location, and for her complaints to be properly investigated.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. As part of my assessment I have:
• considered the complaint and the documents provided by Mrs X;
• issued a draft decision, inviting Mrs X to reply;
• discussed the draft decision with Mrs X.

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What I found

5. The Council is providing services to its clients in the supported living property, not to Mrs X or any other neighbour of the facility. The Council is not performing an administrative function for Mrs X by using the supported living service. So Mrs X does not have standing to bring a complaint about this Council, because she is not receiving a service from it. There is no administrative relationship between the Council and Mrs X for the Ombudsman to investigate.
6. Mrs X’s complaint is about noise nuisance from the property. She considers it is a statutory nuisance requiring enforcement action, and holds the Council responsible. But this Council cannot investigate or possibly enforce against its own alleged nuisance. If there is any non‑compliance with the property’s planning permission conditions, or there is a nuisance from the property, those are matters for the local authority which holds the appropriate planning and environmental health enforcement powers. That authority is the district council. So it is the body best placed to consider Mrs X’s complaints about noise from the property.
7. I understand Mrs X has already lodged her complaint with the district council. Mrs X has an administrative relationship with the district council, so the Ombudsman can consider her complaints about how it has dealt with them.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because:
• this Council is not performing an administrative function for Mrs X;
• the local authority with the relevant enforcement powers to deal with Mrs X’s concerns is a different body, the district council. Mrs X has complained to that council, which is the appropriate authority to deal with her complaint.

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Investigator's decision on behalf of the Ombudsman