Birmingham City Council (20 000 991)

Category : Environment and regulation > Noise

Decision : Upheld

Decision date : 25 Nov 2020

The Ombudsman's final decision:

Summary: Mr B complains the Council has not dealt properly with his complaints about noise and disturbance. The Council is at fault because it did not investigate Mr B’s initial complaints and has not taken the action it said it would. The Council has agreed to apologise to Mr B, pay Mr B £100 for his time and trouble, investigate Mr B’s noise complaint, review parking arrangements and review its complaint handling.

The complaint

  1. The complainant, whom I shall refer to as Mr B, complains the Council has not dealt with a complaint about a Council depot properly because:
    • Vehicles parked near his home are impacting on his views and privacy;
    • Work undertaken on site is early in the mornings and at weekends;
    • He has heard abusive comments being made.
  2. Mr B says he is suffering noise disturbance early in the mornings and at weekends, as well as loss of privacy which has caused him stress.

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What I have investigated

  1. I have investigated that part of Mr B’s complaint about noise disturbance. The final section of this statement contains my reasons for not investigating the rest of the complaint.

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The Ombudsman’s role and powers

  1. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. 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:
  • the fault has not caused injustice to the person who complained, or
  • it would be reasonable for the person to ask for a council review or appeal.

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

  1. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I have spoken to Mr B about his complaint and considered the information he has provided to the Ombudsman. I have also considered the Council’s response to his complaint and its responses to my enquiries.
  2. Mr B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

  1. Mr B lives adjacent to a Council parks depot, which is used to base vehicles for grounds maintenance work. The houses were built adjacent to the depot, which was already operating at the time they were built. There have been historic complaints by Mr B about the operation of the depot dating back to 2005. The Council’s Environmental Health department investigated at the time but concluded that it could take no action because there was a policy not to take action against other Council departments.
  2. Mr B complained to the Council on 4 occasions in May July and October 2019 about parked vehicles, noise disturbance, lack of privacy and engines running early in the mornings.
  3. Mr B’s first complaint was allocated to an officer and then closed. The Council provided no further information or response to Mr B.
  4. Mr B’s second complaint was forwarded to the parks department to respond. The Council’s Environmental Health department confirmed it would investigate. The Council provided no further information or response to Mr B from the Environmental Health department.
  5. Mr B’s third complaint was received by the Council. The Council provided no further information or response to Mr B.
  6. Mr B’s fourth complaint was allocated to an officer. The Council responded to the complaint at both stage one and stage two of its complaints procedure.
    • The Council’s stage one response said it had asked managers to keep noise to a minimum in the morning and to look at relocating large machinery.
    • The Council’s stage two response said it would look into moving large machinery when it had resolved security issues.

Analysis

  1. The depot site operates between 7am and 4:30pm for 32 weeks over the summer and between 7am and 4pm for the remaining 20 weeks of the year over the winter. The Council says the depot does not open at weekends unless there is an emergency.
  2. The Council says, “this was a working yard long before these dwelling where built and whenever the complaint has raised a concern we have tried to address it. Staff are reminded on a regular basis to keep noise levels to a minimum we have moved machinery to try and improve the view.” The Council also says it has amended the lighting in the yard to try and mitigate against light pollution aiming at Mr B’s property and staff are constantly reminded to keep noise levels down. Mr B says the light is still shining on his home.
  3. The records provided by the Council show that it did not investigate or properly respond to Mr B’s first three complaints. The Council responded to Mr B’s fourth complaint but there is no evidence it has taken all the action it said it would, particularly about vehicle parking arrangements. This is fault by the Council. Mr B has experienced continued problems since he complained.

Agreed action

  1. To remedy the injustice caused by the fault I have identified, the Council has agreed to take the following action within 4 weeks of this decision:
    • Apologise to Mr B;
    • Pay Mr B £100 for his time and trouble;
    • Ensure Mr B’s noise disturbance complaint is investigated by the Environmental Health department;
    • Ensure the depot operates according to the operating hours outlined by the Council;
    • Review the parking arrangements at the depot to minimise impact on nearby residents; and
    • Review its complaint handling processes.

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Final decision

  1. I have found fault by the Council causing injustice to Mr B. I have now completed my investigation.

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Parts of the complaint that I did not investigate

  1. I have not investigated that part of Mr B’s complaint about views from his home because there is no significant injustice caused to Mr B.
  2. I have not investigated Mr B’s complaint about abusive comments because the Council has not had an opportunity to respond to Mr B’s complaint and it is premature.

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Investigator's decision on behalf of the Ombudsman

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