Summary: We will not investigate this complaint about the handling of Mr X’s reports of noise and vibration caused by demolition works near his home. This is because there is not enough evidence of material fault by the Council and investigation is unlikely to achieve a different outcome.

The complaint

1. Mr X says he could not easily identify the appropriate team to report his concerns about noise and vibration caused by demolition works and is unhappy it took the Council 12 days to take action. He is concerned that structural damage has been caused to his home due to the Council’s delay in response and wants it to arrange an independent assessment of his property. He also wants the Council to train its staff to ensure this doesn’t happen again.

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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 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
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X reported noise and vibrations to the Council on the 31st October 2024. He says the Council did not take action for 12 days. The Council accepts there was a delay in its initial response and explains Mr X’s email had not been forwarded to the correct team due to an administrative oversight. It says once the Environmental Team received the complaint on the 12th November, it acted quickly to address Mr X’s concerns.
7. The Environmental Protection Team arranged a site visit and a meeting with the site manager on the 15th November 2024. The Council served notice on the contractor four days’ later limiting the times work causing vibration could be carried out, and the level of any vibration. A week later the Council was satisfied new vibration monitoring equipment had been installed on the site and different machinery was in use. Mr X was updated by the case officer on the same day. This is what we would expect from the Council and there is not enough evidence of fault in what it did.
8. The Council accepts fault for the initial delay in responding to Mr X’s reports, has apologised to Mr X and has reminded staff that such complaints should be forwarded to the Environmental Protection team. It says it has also taken steps at management level to ensure this does not happen again. It has said going forward contact details for the Environmental Protection team can be found by carrying out an internet search. This is an appropriate response from the Council, and further investigation is unlikely to achieve a different outcome.
9. Mr X says he wants the Council to pay for an independent assessment of his property to assess whether it has incurred damage. If vibration has affected Mr X’s property it resulted from action by the site operator not the Council. Only the courts could decide whether the Council or the site operator should be liable to Mr X, so it would be reasonable for Mr X to apply to court if he considers they are. He may wish to approach his property insurer for help with this.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council, and it is unlikely we would achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman