Summary: The Ombudsman will not investigate Ms B’s complaint about noise from tree works and running events at the park near her home. Further consideration of the complaint is unlikely to find fault by the Council or achieve any more for Ms B.

The complaint

1. The complainant, whom I shall call Ms B, complains contractors were working in the park near her home from 6.30am and this was causing noise disturbance. Ms B also complains about the weekly Parkrun event at the park and the noise and obstruction arising from the runners and their vehicles. Ms B has explained this has had an impact on her and her family’s well-being and ability to leave their property on Saturday mornings.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information provided by Ms B and the Council’s responses to her complaints. I sent a draft decision to Ms B and considered the comments she made in reply before I made my final decision.

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What I found

4. In February 2020, Ms B complained to the Council that contractors were arriving at the park near her home from 6.30am and carrying out noisy works to trees. The noise involved the use of power tools and large vehicles as well as moving large logs. Ms B also complained that the weekly Parkrun in the park was noisy and meant she could not leave her house each Saturday morning because of the obstruction caused by the runners and their vehicles.
5. In response to Ms B’s complaints, the Council spoke to the contractor and reminded them not to start works until 7am. The Council has also spoken to the director of the Parkrun and referred Ms B’s concerns to the Park Advisory Group to consider Ms B’s views.
6. The tree works in the park were completed by 10 March. The Parkrun is currently cancelled due to the restrictions on public gatherings arising from the Covid-19 pandemic.
7. Further consideration of the complaint about the tree works is unlikely to find fault by the Council or achieve any more for Ms B. When Ms B complained about the early starts by the contractors, the Council spoke to them to remind them not to begin before 7am. It was reasonable for the Council to adopt an informal approach at the outset as this is in line with government guidance and the most likely way to resolve an issue. While Ms B says the contractors did continue to work before 7am, the works are now complete and there is no further action the Council can take, or the Ombudsman can recommend.
8. Further consideration of the complaint about the Parkrun is also unlikely to achieve any more for Ms B. Issues relating to obstruction of the roads and dangerous parking are for the police. The Park Advisory Group will consider Ms B’s views about the Parkrun. If Ms B considers the runners cause a statutory noise nuisance, she can ask the Council to consider this point when the event recommences.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because further consideration of the complaint is unlikely to find fault by the Council or achieve anything more for Ms B.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman