Summary: We will not investigate this complaint about the Council’s handling of noise nuisance complaints from Ms X’s business. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a significantly different outcome.

The complaint

1. Ms X complains about the Council’s lack of response to an email and its poor communication. She says it failed to notify her of ongoing noise nuisance complaints it had received against her business, that it is biased in favour of residents and that its delays in communicating with her have caused stress and anxiety.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, 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), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In responding to Ms X’s complaint about these matters, the Council acknowledged that it should have responded to the email Ms X had sent and that its communication could have been better. It apologised for this and advised it would ensure that in future Ms X’s correspondence would be prioritised and responded to where possible within 5 working days.
6. We do not investigate every complaint we receive and we will not investigate when an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Final decision

7. We will not investigate Ms X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman