Calderdale Metropolitan Borough Council (24 005 908)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 13 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports of dog barking from a neighbouring property. This is because the Council has now spoken to Mr X and he has confirmed the situation is much improved and he is satisfied the Council’s case can be closed and reopened if there is further disturbance.
The complaint
- Mr X complained about the Council’s response to his reports of dog barking from a neighbouring property.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants, or
- there is another body better placed to consider this complaint, or
- it would be reasonable for the person to ask for a council review or appeal; or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Mr X’s complaint because the Council has now spoken to Mr X and he has confirmed the situation is much improved and he is satisfied the Council’s case can be closed and reopened if there is further disturbance.
Investigator's decision on behalf of the Ombudsman