Summary: We will not investigate this complaint about the Council’s handling of noise nuisance reports made by Ms X about the building of a development close to her home. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s response to her reports of noise nuisance from a development taking place close to her home.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Ms X became disturbed by noise nuisance from a building development taking place near her home in 2020. In 2021 she reported the noise to the Council. Due to a clerical error in recording Ms X’s address, it sent out a letter to the wrong address so that Ms X did not hear further from the Council and as it did not hear from her it closed the case.
6. In responding to Ms X’s complaint about this matter, the Council acknowledged its error and apologised to her, advising her to make contact if she was still experiencing noise nuisance. It also apologised for its delay in respond to her complaint. It noted Ms X had said the development was nearly complete and said that it could not say what might have happened had Ms X received the letter as intended, or if she had contacted the service having failed to receive a response.
7. We do not investigate every complaint we receive. I note the Council has acknowledged and apologised for its error and delay but as an investigation by the Ombudsman would be unlikely to add to the Council’s own investigation or lead to a different outcome, we will not investigate the complaint.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman