Summary: We will not investigate this complaint about the Council’s response to Ms X’s reports of odour and noise from a nearby industrial site. This is because it does not meet the tests set out in our Assessment Code. We are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains about the Council’s response to her reports of odour and noise coming from a nearby industrial site which causes nuisance and health issues for her and her family.
2. Ms X says the company complained about is causing a nuisance 24/7 and the Council has failed to restrict its operations.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. 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

6. I considered information provided by the complainant, including the Council’s response to her complaint.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained to the Council about the operation of the company. She says she cannot open her windows or rest due to the continual disruption from the odour and noise nuisance.
9. The Council says it is currently monitoring the company with advice from expert specialists. It points out company is sited in a historically industrial area. It says it is surprised a new sound barrier does not appear to have been effective as intended but it will discuss this further at the next liaison meeting. And also, that a new noise survey has been commissioned but it will continue to work with residents to ensure noise and odours omissions are in line with the relevant permits.
10. We do not investigate every complaint we receive. It is not our role to act as a point of appeal against decisions taken 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.
11. We will not investigate. The Council has investigated Ms X’s concerns and explained its ongoing role in monitoring the company complained about. There is no evidence to suggest fault by the Council in its handling of this matter.
12. In any case, there is ongoing monitoring actions by the Council so it is too early for the Ombudsman to intervene.

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Final decision

13. 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