Summary: We will not investigate this complaint about the underground network because there is not enough evidence of fault to justify investigating, and further investigation would not lead to a different outcome.

The complaint

1. Mr Y complained the Authority has failed to act to stop noise and vibrations from the underground rail network from disturbing Mr Y and his family in their home. He is also unhappy about the handling of his complaint.
2. Mr Y says he is frustrated at being disturbed because he is aware rail grinding works would help to reduce the problem, but this has not been done.

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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, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

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

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My assessment

6. Mr Y is unhappy with the level of noise and vibration he is experiencing in his home from the underground rail network.
7. The Authority has considered Mr Y’s request for the noise to be reduced by rail grinding and work has taken place on part of the network near Mr Y’s home. Further work is however needed to help to reduce the vibrations and noise on the rails in the opposite direction, which is closer to Mr Y’s property. The Authority has explained that it grinds rails in this way on the basis of various factors, including rail roughness, which can lead to more noise and vibrations. It has explained it is therefore responding to requests for rail grinding depending on the level of need according to its data.
8. As the Authority has considered rail grinding in the area in line with need as required in its maintenance policy based on safety and other relevant factors, there is not enough evidence of fault to justify investigation. Further, there is no legal limit on the amount of noise and vibration that can be emitted from trains, so if we were to carry out further investigation it is unlikely it would lead to a different outcome for Mr Y. Consequently, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating, and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman