The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with reports of a noise nuisance from the operation of a telecoms mast. This is because there is insufficient evidence of fault causing the complainant a significant injustice.
The complaint
Mr X complains about how the Council has dealt with his reports of a noise nuisance arising from the operation of a telecoms mast near his home. Mr X says the Council has failed to properly deal with the issue since 2015 which he says has spoilt the enjoyment of his home and cause stress and health issues for his family. He also complains about how the Council communicated with him about this matter. Mr X wants the Council to prosecute the company that operates the mast.
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, or any injustice is not significant enough to justify our involvement.
(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.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate how the Council has dealt with Mr X’s complaints about a noise nuisance from the mast going back to 2015. We have previously dealt with these matters under other complaints and we cannot accept multiple complaints about the same matters.
I have considered how the Council has dealt with matters recently. The Council has recently identified a noise nuisance and issued the company that operates the mast with an abatement notice. The company has appealed the notice and the matter will now be decided in court. The Council has contacted Mr X who has provided a witness statement which will form part of proceedings. I see no evidence of fault in how the Council has dealt with this matter.
Mr X complains about how the Council has communicated with him about this matter and feels the Council has accused him of having an agenda against the Council. I will not investigate this element of Mr X’s complaint because I do not consider this issue alone has cause him an injustice significant enough to warrant investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault causing Mr X a significant injustice.
Investigator's decision on behalf of the Ombudsman