The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to reopen a previously investigated noise nuisance complaint. This is because there is no evidence to suggest fault by the Council.
The complaint
Ms X complains the Council has refused to reconsider a noise nuisance complaint covering events previously considered by the Council and the Ombudsman and that the Council lied. She says the noise is ongoing.
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 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))
How I considered this complaint
I considered information provided by the complainant and the Council, including its responses to recent communication from Ms X about these matters.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2022 Ms X complained to us about the Council’s failure to properly investigate matters including noise nuisance from building works from a neighbouring property. We found no fault with the Council’s actions.
Ms X has contacted us again about these same matters alleging the Council lied to us during our consideration of her earlier complaint. There is no new evidence to suggest the Council lied and we will not reopen the earlier complaint or investigate the Council’s refusal to reopen it.
Ms X says the noise is ongoing. The Council has told her it is open to her to make a new complaint about any new noise and it will consider it.
Ms X says she has Reasonable Adjustments she wants made for her due to her disability. She can advise the Council of these if/when she chooses to make a new complaint.
Final decision
We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman