Summary: We will not investigate this complaint about noise and other nuisance, caused by aircraft near to Mrs X’s home. There is another body that is better placed to consider her complaint, and we cannot achieve the outcome she is seeking.

The complaint

1. Mrs X complained about noise nuisance, disruption and other health related concerns, because of frequent and low flying aircraft at an airport near where she lives. Mrs X said this affected her enjoyment of her home and garden.

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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 another body better placed to consider this complaint, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Company A operates an airport on behalf of the Council. Mrs X wrote to Company A and complained about a series of incidents involving aircraft. She said they had flown below the acceptable height and was creating what she described as high levels of noise and disruption. In her complaint to us, Mrs X also said the presence of aircraft was causing pollution and brought other health related concerns.
7. We will not investigate Mrs X’s complaint. This is because the Civil Aviation Authority (CAA), are an independent specialist aviation regulator, established by parliament and have both a regulatory and advisory role relating to the matters Mrs X is complaining about. Given the concerns Mrs X has raised with us, the CAA are a body better suited to consider her complaints and try and resolve her concerns.
8. Additionally, Mrs X is seeking for the Council to take immediate steps to minimise disruption by limiting the numbers of aircraft. And she is also seeking for the Council to close the site and use it for a different commercial operation. We could not achieve either of these outcomes for her and so there is no worthwhile outcome achievable by us investigating.

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Final decision

9. We will not investigate Mrs X’s complaint because there is another body better suited to look at er complaint and we cannot achieve the outcome she is seeking in any case.

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Investigator's decision on behalf of the Ombudsman