Summary: We will not investigate this complaint about noise nuisance from a park. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to take sufficient action over noise disturbance from youths congregating in a nearby park during the night. He says the Council should lock up the facility after dark to deter its misuse.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about noise nuisance from a nearby park which is unlocked after dark and attracts youths who congregate and create noise and anti-social behaviour. He asked the Council to lock up the facility when it was not in use to prevent regular disturbance to his sleep.
6. The Council has worked with the local Police, youth centre and its own anti-social behaviour team to carry out patrols and site visits and turning the lights off during the after-hours period. It has also met with Mr X and his local councillor to discuss what action may be taken. It explained that the site is not classified as premises and does not fall under noise nuisance legislation but has to be dealt with as anti-social or criminal behaviour.
7. The Council has provided evidence that it has carried out significant involvement at the site with Police and security patrols frequently being involved. It is for the Council and the Police to decide what action should be taken over youths meeting in a certain area.
8. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process.

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Final decision

9. We will not investigate this complaint about noise nuisance from a park. This is because there is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman