The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to act on reports of noise nuisance. We are satisfied with the Council’s proposed actions on the matter. Also, we will not investigate a complaint about a failure to disclose personal data. It is reasonable to expect the complainant to contact the Information Commissioner’s Office on this point.
The complaint
Ms X complains the Council refuses to investigate her report of noise from her neighbours. She also complains it refuses to disclose her personal data as requested.
The Ombudsman’s role and powers
If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended) 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to my enquiries the Council confirms it received a report of noise from Ms X. However, it failed to act. This is fault. However, the Council confirms it will contact Ms X about her concerns and apologise for the oversight. I consider this is a suitable remedy to the fault.
Ms X also complains the Council refuses to provide her personal data. It is reasonable to expect Ms X to take the matter to the Information Commissioner’s Officer (ICO). It is the appropriate body to review complaints about data protection.
Final decision
We will not investigate Ms X’s complaint because: We are satisfied with the Council’s proposed actions on its failure to act on Ms X’s report of noise; and It is reasonable for Ms X to contact the Information Commissioner’s Officer about her data protection concerns.
Investigator's decision on behalf of the Ombudsman