Summary: We will not investigate this complaint about noise on the underground because there is not enough evidence of fault to justify investigating.

The complaint

1. Miss Y complained the Authority has not stopped the noise of the underground after she complained due to the level of noise and vibrations she was experiencing in her property.
2. Miss Y says the issue stops her from sleeping and means she cannot concentrate or relax in her home.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information Miss Y provided by and the Ombudsman’s Assessment Code.

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My assessment

6. Railways can lead to a degree of unavoidable noise and disturbance, and this has been recognised in section 122 of the Railways Act 1993. This legislation gives bodies who are acting in the provision of network services, a defence to proceedings for nuisances, such as excessive noise. There is no legal limit for noise on the underground network. As the Authority has such a defence, it is unlikely we would find fault for the level of noise experienced.
7. Further, the Authority has agreed to complete work to reduce the noise. It has explained why it is currently unable to provide a specific start date to this works and how it prioritises such works based on safety and need. As such it has considered the complaint properly and used its expertise to decide its next steps so we would be unlikely to find fault. As it has considered the complaint and agreed to take appropriate action, we are satisfied with the actions the Authority proposes to take. We will not investigate.

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Final decision

8. We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman