Royal Borough of Kensington & Chelsea (20 011 885)

Category : Environment and regulation > Noise

Decision : Upheld

Decision date : 19 Mar 2021

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint that the Council did not fairly investigate reports of noise nuisance coming from church land late at night. The Council has taken appropriate action to remedy the injustice. It has apologised to Mr X, offered a meeting about future relations, and dealt with the poor communication.

The complaint

  1. Mr X complains for a church that the Council did not fairly investigate a complaint of noise nuisance caused by third parties on their land. Mr X feels the church was found guilty of colluding with noise nuisance. He says the Council was not even handed when considering evidence from the complainant and the church. He says there may be bias against the church.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the Council’s action or proposed action in response to a complaint.

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

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How I considered this complaint

  1. I have considered Mr X’s information and comments which includes the correspondence with the Council.

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What I found

  1. In late 2020 the Council dealt with a noise nuisance complaint about members of the public drinking and talking having gained entry onto church land late at night and into early morning.
  2. On 30 September 2020, the Council wrote to the church asking it to consider locking the gates and saying it would continue: ‘to get the evidence required to escalate enforcement action if required’.
  3. On 27 November, the Council wrote to Mr X replying to his complaint. It acknowledges the tone of the above communication should have been more moderate and without reference to enforcement. It apologises for the Council’s failings including not contacting the church in July following a visit. It confirmed the enforcement case was closed. It suggested a meeting to discuss the future and ways the Council could help and support the church. The Council reassured Mr X that there was no intention to cast the church in a bad light. Some practice issues had been raised with officers.

Analysis

  1. I will not investigate Mr X’s complaint:
  2. I am satisfied that the Council has taken appropriate action to remedy the injustice caused by its poor communication. It has apologised, considered in detail the handling of the case, and offered a meeting with the church to discuss future relationships.
  3. Investigation will not achieve more.

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Final decision

  1. The Ombudsman will not investigate Mr X’s complaint the Council did not fairly investigate reports of noise nuisance coming from church land late at night. The Council has taken appropriate action to remedy the injustice. It has apologised to Mr X, offered a meeting about future relations, and dealt with the poor communication.

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Investigator's decision on behalf of the Ombudsman

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