West Berkshire Council (24 015 766)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 24 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failures to investigate reports of noise nuisance and conspiracy to conduct a hate campaign against the complainant. There is not enough evidence of fault in the Council’s actions. We have seen no reason to investigate matters we have previously considered. We cannot consider matters connected to legal proceedings. We cannot require the Council to sanction its officers and therefore cannot achieve the outcome the complainant is seeking.
The complaint
- Ms X complains the Council failed to act on her reports of noise nuisance from her neighbours. She also says the Council has conspired with the housing association, the police, and a local school to create a hate campaign against her.
- Ms X wants the Council to explain its actions against her and ‘heavily sanction’ the officers involved.
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 about the start of court action or what happened in court.
(Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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 no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We have previously considered complaints from Ms X about:
- the Council’s failure to take sufficient action against her neighbours for noise nuisance; and
- the Council’s failure to make reasonable adjustments and failure to follow the law on council tax exemptions.
- We have seen no reason to consider further complaints about these matters.
- We understand Ms X has been involved in legal action which included reference to noise nuisance. We cannot consider any matters connected to legal proceedings.
- Ms X says the Council has conspired to conduct a hate campaign against her. However, we have seen no evidence to support this claim.
- I understand Ms X wants officers involved in her complaint to be ‘heavily sanctioned’. However, the Ombudsman cannot intervene in personnel matters. Therefore we cannot achieve the outcome Ms X is seeking.
Final decision
- We will not investigate Ms X’s complaint because:
- We have seen no evidence of fault in the Council’s actions.
- We have seen no reason to investigate matters we have previously considered.
- We cannot consider matters connected to legal proceedings.
- We cannot require the Council to sanction its officers and therefore cannot achieve the outcome the complainant is seeking.
Investigator's decision on behalf of the Ombudsman