Summary: We will not investigate this complaint about noise, traffic and anti social behaviour caused by local events. This is because there is not enough evidence of fault by the Council and further investigation would not lead to a different outcome.

The complaint

1. Mr X complains the Council did not properly consider the impact of anti social behaviour, traffic and noise in his area from large scale events nearby. He says the priority should be residents’ wellbeing not economic and commercial interests.

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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. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. Mr X complained to the Council regarding the matters in paragraph 1.
5. The Council said its traffic regulation order placed a temporary prohibition on traffic in certain roads while events took place at two venues. This aimed to minimise the impact of traffic. The Council considered it was successful in diverting traffic away from residential areas, but noted this could not entirely prevent impacts on residents. It said its civil enforcement officers were on hand to keep the area safe and accessible. The Council said Mr X could report noise to its to anti social behaviour team. The Council also explained it had not received reports of anti social behaviour from Mr X or others at this location. It acknowledged the issues raised had an impact on Mr X. It advised him to report hate related incidents to the Police.
6. We will not investigate this complaint because there is not enough evidence of fault by the Council. It has explained the steps it has taken to reduce impacts on residents. In addition we will not investigate because this is would not lead to a different outcome.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman