Summary: We will not investigate this complaint about noise from a residential care home. This is because there is not enough evidence of fault by the Care Provider. If Mrs X thinks the noise from the care home is a statutory nuisance she can complain to the Council.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about noise from the care home which is close to where she lives. The noise comes from the residents who are young adults with autism or other learning disabilities.

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

4. I understand Mrs X is concerned by the issue at the heart of her complaint. But we will not start an investigation. This is because the behaviour of the care home’s residents will be linked to their disabilities and outside their control – as well as the Care Provider’s. There is not enough evidence of fault to warrant us starting an investigation.
5. If Mrs X thinks the noise from the care home is a statutory nuisance, she 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. Disability is, however, a protected characteristic under equalities legislation.

Back to top

Final decision

6. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman