Summary: We will not investigate this complaint about the Council’s failure to implement recommendations from a noise survey. The Council has considered the recommendations to reduce the noise. However, it has advised it does not have the finances available to implement them. Further investigation will not lead to a different outcome, and we cannot require the Council to implement the recommendations.

The complaint

1. Mrs X complains the Council has failed to implement measures to mitigate noise from the community centre in the building below her flat.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Following Mrs X’s previous complaint about noise from the community centre, the Council agreed to consider recommendations from an independent sound survey.
6. The sound survey established the noise from the community centre was at an acceptable level. However, certain actions were recommended to mitigate the noise further.
7. The Council considered the recommendations. It advised Mrs X it would carry out the suggested measures subject to budgetary availability. It has since advised Mrs X it has no available budget and therefore cannot move forward with the recommendations.

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Final decision

8. We will not investigate Mrs X’s complaint because the Council has considered the recommendations. I understand Mrs X says the noise has an adverse impact on her mental health. However, the sound survey confirmed the noise is at an acceptable level. The Council has considered the recommendations to reduce the noise as required by our previous decision. However, it has advised Mrs X it does not have the finances available to implement them. Further investigation will not lead to a different outcome, and we cannot require the Council to implement the recommendations.

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Investigator's decision on behalf of the Ombudsman