Summary: We will not investigate this complaint about noise nuisance at a community centre. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about how the Council responded to his call about noise nuisance at a community centre. He wants the Council to provide a dedicated number for reporting noise nuisance. He said the Council’s actions were affecting his mental health.

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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, 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

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

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My assessment

5. In its complaint response, the Council said Mr X had contacted it out of hours to report fireworks were being let off at a community centre. It confirmed it responded to that noise nuisance.
6. The Council set out how it would deal with reports of noise nuisance and anti-social behaviour at the community centre. It confirmed the community centre had a caretaker, but they would only be contacted within certain hours. It said reports of anti-social behaviour outside of these hours would be passed to the Police.
7. We will not investigate Mr X’s complaint. The Council confirmed it responded to Mr X’s report of noise nuisance after he reported it. There is not enough evidence of fault to justify our involvement.
8. Mr X wants a dedicated number he can call with his concerns. The Council has confirmed Mr X can contact the out of hours service to report concerns. The Council has an escalation route for dealing with noise nuisance at the community centre. It has shared this with Mr X. Although this may not be Mr X’s preferred approach, it is for the Council to decide how to escalate concerns. I am satisfied it has a clear plan in place. There is not enough evidence of fault to justify our involvement and further investigation will not lead to a different outcome.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman