Summary: We will not investigate Mr X’s complaint about noise nuisance caused by a Council run firework display because the claimed injustice is not significant enough to warrant our involvement. We will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.

The complaint

1. Mr X complains the Council failed to investigate his noise complaint about a fireworks display organised by the Council. Mr X said the Council’s complaint handling was inadequate.
2. Mr X said the matter caused him distress, frustration, and time and trouble to resolve.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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

Noise caused by fireworks

6. Mr X complained about noise nuisance caused by a Council run firework display in his area. Mr X said the matter caused him distress.
7. In its complaint response the Council explained it considered the impact of the display on local residents. It said the display was limited in duration to 30 minutes, only occurred once per year, and was well publicised locally so residents would be aware of the matter.
8. We will not investigate this complaint. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures.
9. Although Mr X said the noise caused by the fireworks caused him distress, the event takes place once per year for a limited duration. Consequently, I do not consider this caused him a significant enough injustice to warrant our involvement.

Complaint handling

10. Mr X asked the Council to consider his complaint at stage two of its complaints process. The Council refused and, in summary, said its stage one response addressed the issues Mr X raised.
11. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.

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Final decision

12. We will not investigate part of Mr X’s complaint because the claimed injustice is not significant enough to warrant our involvement. We will not investigate the remainder because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman