Summary: We will not investigate this complaint about the Council’s handling of Ms X’s request to move to alternative accommodation to be closer to her relative and away from noisy neighbours. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Ms X complains the Council did not take sufficient account of her health issues, made worse by noisy neighbours, when she asked to move to alternative accommodation to be closer to her relative.

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The Ombudsman’s role and powers

2. 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)
3. 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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council because she is unhappy with its handling of her application to move home due to the physical and mental health issues she is facing and her wish to be closer to her relative and away from noisy neighbours.
7. The Council explained that it had investigated her complaints of noise nuisance but as the noises complained about were everyday living noises, the threshold for a statutory nuisance was not met. However, it did advise her to continue to report noise so it could assess whether there was any change to the situation.
8. In relation to her application to move home, the Council told Ms X it had reassessed her case and taken into account the welfare issues and the impact on her health due to noise from neighbours and had awarded her a new higher priority banding which should lead to a quicker move.
9. While Ms X may be disappointed with the outcome of her complaint to the Council, it is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. As there is no evidence to suggest fault has affected the Council’s decisions, we will not pursue the complaint further.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman