London Borough of Lewisham (22 015 654)
Category : Environment and regulation > Antisocial behaviour
Decision : Upheld
Decision date : 04 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to respond to Mr X’s request for service about noise nuisance and its response to his complaint about this matter. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.
The complaint
- The complainant, who I refer to as Mr X, complains about the Council’s failure to respond to his request for service about noise nuisance from his neighbours and its response to his complaint about this matter.
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 may decide not to continue with an investigation if we decide:
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Mr X and the Council, including its response to his complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council that it did not act on his request for service about noise nuisance from his neighbours and that it failed to respond to his complaint about this.
- The Council upheld his complaint acknowledging there had been fault in both its handling of his service request and his complaint which had delayed his request for service and caused him time and trouble in pursuing matters. It apologised for this and confirmed it was now acting on his request for service. It also offered him £100 in recognition of the faults identified.
- We do not investigate every complaint we receive. In this case, the Council has investigated Mr X’s complaint, acknowledged fault and provided a remedy. As an investigation by the Ombudsman would be unlikely to usefully add to the Council’s own investigation or lead to a significantly different outcome, we will not pursue the complaint further.
Final decision
- We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman