The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to issue a warning following reports of noise nuisance. There is not enough evidence of fault to justify our involvement.
The complaint
Miss X complained about the Council’s decision to issue her a warning following reports of noise nuisance. She said the Council is harassing her. She also complained after the Council told her to cut her hedges.
She said the Council has not told her what is expected of her and will not meet with her in person to discuss the reports. She said that has resulted in her feeling nervous and stressed. She wants compensation for harassment, stress and for the Council breaching her human rights.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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 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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council received reports of noise nuisance caused by Miss X. These were supported by audio recordings. The Council investigated these concerns and decided to issue Miss X a Community Protection Warning. Although Miss X is unhappy with this decision, we will not investigate. That is because there is not enough evidence of fault in how it dealt with the reports to justify our involvement.
We cannot investigate Miss X’s complaint about the Council’s decision to issue a remedial notice about the height of her hedge. That is because Miss X has appealed to the Planning Inspectorate, therefore the law says we cannot consider the matter.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman