Summary: We will not investigate Mr X’s complaint about noise disturbance from a layby near his home and the Council’s handling of his complaint about the matter. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains about the Council’s handling of his complaint about noise disturbance caused by vehicles unlawfully using a layby at night. He says the Council did not properly consider his request for a temporary closure and noise from vehicles using the layby at night is causing sleep disturbance and distress. He wants the Council to reconsider his request for a temporary closure and take action to protect residents from the ongoing noise.

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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.

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

3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate this complaint. Both the stage 1 and stage 2 complaint responses refer to Mr X’s request for a temporary closure of the layby and set out the Council’s reasons why it could not agree this. Although Mr X may feel the Council has not considered the proposal thoroughly or in the level of detail that he wants, I am satisfied the Council has appropriately considered his request. There is insufficient evidence of fault to warrant an investigation.
7. We will also not investigate the Council’s complaint handling. It is not a proportionate use of our resources to consider complaints handling, when we deicide not to investigate the substantive matter.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman