Summary: Mr D complains about nuisance caused by the Council using a neighbouring property for temporary accommodation. The Ombudsman has discontinued the investigation.

The complaint

1. The complainant (whom I refer to as Mr D) says the Council use a neighbouring property for temporary accommodation. This has caused a nuisance to him including anti-social behaviour (ASB) and a possible statutory noise nuisance.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, and
• it is unlikely we would find fault.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I have considered the information provided by Mr D.
4. I shared my draft decision with both parties.

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What I found

5. Mr D lives next to a property which the Council uses for temporary accommodation. He has previously complained about ASB and noise nuisance caused by the former residents. They moved out. Mr D says new tenants are also causing issues. The Council has not received any reports of recent noise nuisance to investigate.
6. At present there is no evidence of fault because the Council has not had an opportunity to consider fresh complaints about a statutory noise nuisance. Mr D may want to pursue matters with the Council in the first place.
7. In respect of Mr D’s concerns about the Council using the property for temporary accommodation. That is not something we would pursue because it is unlikely we would find fault. The Council can choose what type of housing provision it uses for properties. Whilst Mr D may disagree with the Council’s decision the Ombudsman will not question the merits of such decision making.

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Final decision

8. I have discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman