Kingston upon Thames Council (202116743)

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REPORT

COMPLAINT 202116743

Kingston upon Thames Council

2 November 2021


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The complaint concerns the Council’s Environmental Health Department’s response to the complainant’s request for noise monitoring equipment and the outcome of its investigation of their noise reports.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The complainant provided this Service a copy of the council’s stage two complaint response dated 17 June 2021.
  2. In its review of the complaint, the Council found that on the occasion, it’s Environmental Health Department had installed noise monitoring equipment in the complainant’s property, the recordings did not evidence any statutory nuisance.
  3. The Council stated that it did not find any evidence that its Environmental Health Department had refused to install noise recording equipment but noted that officers had explained that the use of the equipment is not appropriate for the noise the complainant described.  It also stated that the officers have explained that they have no legal powers to deal with the noise the complainant had described.

 

 

Reasons

  1. Paragraph 39(m) of the Scheme states that “the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body”.
  2. The Housing Ombudsman Service investigates complaints about the actions of local authorities and councils, in connection with their housing activities in so far as they relate to the provision or management of housing.  
  3. The complaint is about the council’s Environmental Health Department’s investigation of the complainant’s noise reports, which is a service it provides in its capacity as a local authority. The Local Government and Social Care Ombudsman (LGSCO) considers complaints about local authorities.
  4. I am therefore satisfied that the Housing Ombudsman cannot investigate this complaint.

If the resident remains dissatisfied with this issue, they may wish to seek further assistance from the following organisations:

www.lgo.org.uk

www.citizensadvice.org.uk