Summary: We will not investigate this complaint about noise and a change of use of a shop near the complainant’s home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is nothing to suggest we would find fault by the Council.

The complaint

1. Mrs B complained to the Council a shop near her home had begun making noise early in the morning and is being used to distribute goods as well as selling them. She says the Council has not taken any action to stop this.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’ which we call ‘fault’. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mrs B and the Council. I have also considered our Assessment Code.

Back to top

Final decision

5. We will not investigate Mrs B’s complaint because the Council has considered her concerns, visited the site and installed monitoring equipment. It has explained to her it cannot take action because it considers there is neither a breach of planning rules nor a statutory nuisance. These are matters for the Council to decide and we are unlikely to find there has been fault.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman