East Hampshire District Council (25 008 648)
The Ombudsman's final decision:
Summary: We have upheld Mr X and Mr Y’s complaint about delay in investigating noise disturbance. The Council have agreed a suitable remedy.
The complaint
- Mr X and Mr Y complain the Council have failed to take appropriate action against a noise nuisance.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X and Mr Y are neighbours. The live opposite a school which has large external heating and ventilation units. Mr X and Mr Y reported a noise nuisance coming from these units to the Council. They report the nuisance is worse in cooler months.
- We have previously investigated a complaint from Mr X and Mr Y about the Council’s actions relating to the nuisance leading up to November 2024. We cannot consider these matters again. Here we will assess the alleged fault and injustice after November 2024.
- Mr X and Mr Y complain the Council failed to take timely enforcement action against the statutory nuisance. They say the Council had agreed to carry out a statutory nuisance investigation in the winter of 2024 but there were further delays. This caused significant disruption and distress. If we were to investigate this complaint it is likely we would find fault because of this.
- The Council accept further delays occurred. The Council are undertaking service improvements following the previous complaint.
- We asked the Council to provide both Mr X and Mr Y with an apology and a symbolic remedy of £100. The Council has agreed and will complete these actions withing four weeks.
Final decision
- We have upheld Mr X and Mr Y’s complaint. The Council have agreed to a suitable remedy.
Investigator's decision on behalf of the Ombudsman