Summary: We will not investigate this complaint about the Council failing to deal with concerns about noise nuisance and anti-social behaviour. This is because there is insufficient evidence of fault to justify an investigation and because one element of the complaint is still being investigated by the Council.

The complaint

1. Mr X complains about significant noise nuisance and anti-social behaviour coming from a makeshift football pitch near to his business premises. He says the Council failed to deal with his concerns appropriately. He also complains the change of the use of land requires planning permission and so there has been a breach of planning control.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))

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How I considered this complaint

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

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My assessment

6. Mr X occupies a commercial premise. A makeshift football pitch has been put up near to the property he occupies. He says this has led to significant noise nuisance and anti-social behaviour. He also says there has been a breach of planning control as this was a change of the use of the land.
7. The Council considered there was no breach of planning control as it did not consider the use of the land had changed since it was landscaped into a green area. The Council says the objects within the area, including the football goal, are moveable and so are not fixtures.
8. The Council also explained it did not consider the behaviours reported amounted to anti-social behaviour. The Council said the tenants and their guests can use the communal area.
9. The Council has properly considered all relevant information when it considered Mr X’s concerns. Therefore, I will not investigate this complaint as there is sufficient evidence of fault, with how the Council made its decision, to justify an investigation.
10. With regards to the noise complaint, the Council told us it intends to visit to witness and measure the level of noise generated. Therefore, the Council is still investigating this issue and this element of Mr X’s complaint is premature.
11. Once the Council has concluded its investigation and made a final decision on the noise nuisance complaints, it is open to Mr X to refer the complaint back to us.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation and because one element of Mr X’s complaint is still being investigated by the Council.

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Investigator's decision on behalf of the Ombudsman