The Ombudsman's final decision
Summary: We will not investigate this complaint about noise nuisance at an extra-care housing scheme. Further investigation would not lead to a different outcome.
The complaint
Mr X lives in extra-care housing. He complained to the Council about noise nuisance from another flat in the building. He said staff were entering the flat and making excessive noise which was affecting his sleep. He also said the Council had failed to support him to move to a different area. He wants a new social worker to support him with the move.
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: further investigation would not lead to a different outcome.
(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
In the Council’s response to Mr X’s complaint, the Council confirmed that staff did not enter the property above his flat. It said another resident lived there. The Council said the noise Mr X was hearing was most likely other residents living in the building moving about. It said it would pass his concerns to housing colleagues to consider whether noise dampening material could help.
We will not investigate Mr X’s complaint staff at the extra-care housing caused a noise nuisance. There is not enough evidence of fault in the actions of the staff to justify our involvement. The Council has considered his reports of noise and passed these to its housing service. Further investigation by us would not lead to a different outcome.
We will also not investigate Mr X’s complaint the Council did not support Mr X to relocate to a different area. The Council has accepted there were delays in it dealing with this request. It has since contacted his preferred area and allocated a new social worker. It apologised for any distress caused and the delays experienced. That remedies any injustice caused. Further investigation would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman