Summary: We will not investigate Mr X’s complaint about the Council’s refusal to install sound insulation. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council refused to install triple glazing and additional sound insulation in his temporary accommodation. He said these measures were recommended in an Occupational Therapy assessment.
2. He stated the Council’s failure to install the sound proofing has caused him avoidable distress. Mr X wants the Council to complete the requested work. He also wants it to agree to install sound insultation in all future properties it may offer him.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
4. 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, or
• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Background

7. Mr X is neurodiverse and highly sensitive to noise. He previously complained to us that the Council had placed him in unsuitable temporary accommodation where he experienced a high level of noise. We issued a decision in December 2023 and found the Council at fault. We recommended the Council should consider whether alternative measures to limit the impact of noise on Mr X at the temporary accommodation may be possible such as the use of insulted wall panels, noise cancelling headphones or other measures.
8. During our previous investigation, Mr X moved into new temporary accommodation. He made a further complaint to the Council at the start of 2024 that it had not installed the soundproofing measures proposed in an Occupational Therapy (OT) assessment and in line with our recommendations.

My assessment

9. In the Council’s complaint response, it explained it commissioned a specialist sensory assessment following Mr X’s move into his current temporary accommodation which superseded the earlier OT assessment. It said it did that for further advice on how to best meet Mr X’s needs. That assessment did not support the need for soundproofing Mr X’s property. The Council provided Mr X a copy of the report and asked him to get in touch so it could consider next steps. Mr X contacted the Council and said he was seeking legal advocacy advice on the assessment.
10. Although Mr X is unhappy with the outcome of the assessment and the Council’s decision not to install soundproofing at this time, we will not investigate. The original OT assessment did not specify the Council must install sound proofing, nor was it a recommendation of our previous investigation. In both cases it was something the Council could consider. The Council decided to undertake a specialist sensory assessment before progressing with soundproofing. We would not be critical of that decision, or the Council using that assessment to inform what action to take. The Council has confirmed Mr X has equipment in place including noise cancelling headphones. There is not enough evidence of fault to justify our involvement.
11. The Council remains open to discussing next steps with Mr X. Further investigation by the Ombudsman would not lead to a different outcome. If Mr X feels his current temporary accommodation is not suitable, he can ask the Council to complete a suitability review. If the outcome of that review is not in his favour, he would have the right to appeal to the county court.

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Final decision

12. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman