The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in dealing with Ms X’s reports of noise nuisance from bottle banks sited close to her home. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.
The complaint
Ms X complains the Council delayed in dealing with her complaint about noise nuisance from bottle banks sited close to her home.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about noise nuisance from the use of bottle banks sited close to her home.
The Council made sound recordings of the noise and at the beginning of this year arranged for the banks to be located further away from Ms X’s home. It acknowledged it had delayed in dealing with the matter and apologised for this.
We do not investigate every complaint we receive. The Council has acknowledged delay and apologised for this and there are insufficient grounds to warrant an investigation by the Ombudsman of its handling of the matter.
Final decision
We will not investigate Ms X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman