Summary: We will not investigate Mr X’s complaint about how the Council responded to reports he made about a business premises. The Council has not fully investigated the matter and it would be reasonable for Mr X to allow it to do so. Nor will we consider Mr X’s claim for compensation, because we cannot achieve the outcome he is looking for here.

The complaint

1. Mr X complained the Council did not respond to his concerns about the noise and other nuisance a business premises caused him. He also asked it to provide him with compensation after an incident occurred, where he said he was a victim of a crime, and he believed the Council was liable.
2. Mr X wants the Council to resolve his concerns and pay him compensation.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. 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 continue an investigation if we decide we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained the Council took no action after he repeatedly told it about several matters related to a business premises, including noise, other nuisance, and inconsiderate parking. We will not investigate how the Council considered this part of Mr X’s complaint, because the Council has not fully investigated his complaint and it would be reasonable to expect Mr X to allow it to do so. It is then open to Mr X to raise another complaint with us, if he remains unhappy with the Council’s final reply.
8. Mr X also said to us he had asked the Council for compensation after an incident occurred and he reported a crime to the police. Mr X said because the Council had not acted earlier, it was now liable for a personal injury claim. We cannot direct the Council pay Mr X compensation, and he will have to pursue any claim through the courts if he believes the Council is liable.

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Final decision

9. We will not investigate Mr X’s complaint because it would be reasonable to allow the Council the opportunity to reply to his substantive complaint. Nor can we achieve the outcome he wants in respect of a compensation claim.

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Investigator's decision on behalf of the Ombudsman