Summary: We will not investigate this complaint that the Council had not carried out the actions agreed as part of its response to the complainant’s report of noise nuisance from the refuse collection vans. This is because the Council has now carried out the agreed actions.

The complaint

1. The complainant, whom I refer to as Mr X, complained the Council had not taken the action it had agreed to take in response to his complaints of early morning noise from the refuse collection vans.

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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 an investigation if we believe the Council has resolved the problem. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the compliant and the Council’s responses. I got an update from Mr X and from the Council. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

4. Mr X had complained to the Council about a reversing alarm from the refuse collection vans which sound between 5.30am to 6am outside his home on collection day.
5. In January the Council told Mr X it would take steps to alleviate the noise. It said this might take some time depending on what needed to be done. The Council also said it would pay him £100 compensation. The Council said it would contact Mr X to ask for his bank details so it could make the payment.
6. I asked Mr X for an update. He said the Council tried to turn off the alarms but that was not successful. Instead, in April, the Council changed the collection route so the vans do not collect from Mr X’s street before 7.30am. Mr X confirmed he is happy with this outcome but said he had not received the £100 or been asked for bank details.
7. In response to my enquiry the Council apologised for not contacting Mr X about the £100. It has now emailed Mr X to ask for his bank details so it can make the payment.

Assessment

8. I will not start an investigation because the problem has been resolved. The Council has changed the route to stop the early morning noise and contacted Mr X so it can pay the compensation. Mr X should receive the £100 once he has provided the Council with his bank details.

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Final decision

9. I will not start an investigation because the problem has been resolved.

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Investigator's decision on behalf of the Ombudsman