Summary: We will not investigate this complaint about the Council’s failure to uphold a lease agreement with a local airport. We have not seen enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council has failed to uphold the lease agreement it has with the operator of a local airport. He says it is allowing residents to suffer unnecessary disturbance from low flying aircraft.

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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.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council that the airport operator has altered the boundaries of the Noise Sensitive Areas.
6. The Council advised it has received confirmation from the airport’s system provider that the boundaries of the Noise Sensitive Areas have not changed since they were originally set up. As such, the Council will not take action against the airport as Mr X wants.
7. The Council has also advised Mr X how to report instances of aircraft not following the airport rules and how to pursue complaints about this with the Airport Monitoring Officer.

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Final decision

8. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman