Summary: We will not investigate this complaint about the Council’s handling of Ms X’s reports of noise nuisance from a nearby school. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains the Council’s Environmental Health Team did not consider her protected characteristics and showed favouritism to the school about which she had complained due to noise nuisance from pupils.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. The Council’s Planning Team and its Environmental Health Team both investigated Ms X’s complaints about noise coming from pupils at a school close to her home. However, the Council found no breach of planning control and that there was insufficient evidence to establish a statutory nuisance. This is disappointing for Ms X but there is no evidence to suggest fault affected the Council’s decisions.
8. In considering whether a statutory nuisance exists, by law the Council must consider the impact on the average person and cannot take into account the particular sensitivities of the complainant.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman