Summary: We will not investigate this complaint about construction noise from the redevelopment of a tube station near the complainant’s home. It is unlikely we would find fault in the action of Transport for London.

The complaint

1. Ms X complains about construction noise from building work at a tube station near her home. She says she had to leave her home because of the negative impact on her health and sleep.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by Ms X and Transport for London (TfL).
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained to TfL about ‘non-stop’ noise (including overnight) from construction work at a tube station.
6. TfL advised it was upgrading the station and some work must be carried out at night when the trains are not running. However it said it would remind staff to keep noise to a minimum.
7. Ms X continued to complain. TfL advised it has implemented several different measures to mitigate the disturbance. It says it regularly updates the project team for the work, as well as the local council. However, it confirmed it must work outside normal working hours because of the trains and it cannot fully moderate the noise. TfL says it notifies residents in advance about upcoming works through a monthly newsletter. It apologised for the disturbance.
8. Ms X was not satisfied and continued to complain. TfL confirmed it could not provide further information.
9. The Local Planning Authority (LPA) granted planning permission for the redevelopment of the station. The permission includes a requirement for TfL to provide details of noise mitigation measures for all work carried out after 6pm weekdays and between 8am and 1pm at weekends. Ms X can complain to the local Council if she believes TfL are not taking steps to mitigate the noise of breaching the agreed working hours arrangements.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find fault in TfL’s actions relating to the construction work being undertaken at the tube station.

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Investigator's decision on behalf of the Ombudsman