Summary: We will not investigate this complaint about the Council’s handling of matters relating to the use of premises close to Ms X’s home. This is because the premises are not currently in use and an investigation would serve no useful purpose at this stage.

The complaint

1. The complainant, who I refer to as Ms X, says inaction by the Council in connection with the use of premises close to her home created a situation which disrupted her enjoyment of her home and caused sleep deprivation and distress. She says concerns about anti-social behaviour, late night noise and public health and safety risks were ignored.

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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)

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How I considered this complaint

3. I spoke to Ms X and considered the information she provided, including the Council’s response to her complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained to the Council about the use of premises close to the town centre and her home which was causing disruption, noise nuisance and health and safety concerns.
6. At the end of 2021, the Council responded to Ms X’s complaint about these matters and noted that while the use of the premises for worship, training events etc was not lawful in planning terms, it was, in the main, acceptable in principle. It noted that the Local Highways Authority did not consider its use and operation to be problematic.
7. With regard to Ms X’s concerns about noise and disturbance from the premises, the Council noted that while amplified music had been sporadically played, generally it was agreed no significant noise came from within the building when it was in use or from people leaving it. It said no statutory noise nuisance had been witness. However, it repeated an earlier offer it had made to install noise recording equipment in Ms X’s home to further assess the problem.
8. Since making her complaint, Ms X has not contacted the Council for the installation of the equipment because the premises are not currently in use and therefore there is no noise to be recorded.
9. Given the current situation, and the Council’s previous assessment of the use of the premises, I do not consider an investigation by the Ombudsman would serve any useful purpose at this stage. If the noise problems return once the premises are used again, Ms X can contact the Council and arrange for the installation of recording equipment which will enable it to further assess whether there exists a problem against which it should take enforcement action.

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Final decision

10. We will not investigate Ms X’s complaint because the premises are not currently in use and an investigation would serve no useful purpose at this stage.

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Investigator's decision on behalf of the Ombudsman