The Ombudsman's final decision
Summary: We will not investigate this complaint about vehicle noise because there is insufficient evidence of fault.
The complaint
Ms X complains the Council did not act against a neighbour starting a loud car in the early hours of the morning causing her to lose sleep.
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)).
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider (Local Government Act 1974, paragraph 5A schedule 5, as amended).
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained that a nearby Council tenant is regularly starting their car in the early hours causing her to lose sleep.
I cannot consider the actions taken by the Council in its role as a landlord as this falls under the jurisdiction of the Housing Ombudsman Service.
The Council considered Miss X’s concerns and the limitations of the Environmental Protection Act and decided that it could not act on general road noise.
I will not investigate this complaint as there is not enough evidence of fault in the actions taken by the Council.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman