Summary: We will not investigate this complaint about noise from the care home. This is because the complainant does not have consent or standing to complain on behalf of the care home’s residents. If Mr X thinks the noise from the care home is a statutory nuisance he can complain to the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains about noise from the care home which is close to where he lives. The noise comes from the residents and Mr X would like changes to their care. He has also suggested the care home move the residents responsible for the noise to elsewhere in the building - or to a different building altogether. Mr X says the care home could install air conditioning so it could keep its windows closed.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met.(Local Government Act 1974, section 24A(6), as amended)
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. I understand Mr X is concerned by the issues at the heart of his complaint. But his concerns flow directly from the care the residents of the care home are receiving. Mr X does not have consent or standing to complain on their behalf and so we will not investigate his complaint.
6. Even if we could investigate, it is unlikely we would say the care home was at fault or that we could achieve the outcomes Mr X wants. The behaviour of the care home’s residents will be linked to their specific needs and is therefore outside of their control. It would not be for us to say where a care home should house their residents or if they should keep windows closed.
7. If Mr X thinks the noise from the care home is a statutory nuisance then he can complain to the Council’s Environmental Health team. A statutory nuisance is one which unreasonably and substantially interferes with the use or enjoyment of a home or other premises. It is for a council to decide if this test has been met and what actions, if any, it should take. If Mr X did pursue his complaint via this route and was unhappy with the Council’s final response he could make a fresh complaint to the Ombudsman.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because he does not have consent or standing to complain on behalf of the care home’s residents. If Mr X thinks the noise from the care home is a statutory nuisance he can complain to the Council.

Back to top

Investigator's decision on behalf of the Ombudsman