Local Government Ombudsman

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Weymouth & Portland Borough Council (05B07521)

Environmental health                 Maladministration causing injustice

11 May 2006

‘Mr Smith’ (not his real name for legal reasons) complained that the Council failed to abate noise nuisance from ultra high pressure (UHP) washing of vessels at slipways near his property. The slipways are used for cleaning and maintaining vessels. The UHP washing takes place intermittently.

The Council argued that Mr Smith did not complain about noise nuisance until July 2005. The Ombudsman found evidence of complaints about noise nuisance made to Council officers from summer 2004 onwards but those complaints had not been passed to the Council’s Environmental Health Unit. Council officers visited the slipways after July 2005 but, due to the intermittent nature of the work, have not yet concluded whether the UHP washing causes a statutory nuisance. Officers do not consider the noise they have witnessed to date amounts to a statutory nuisance.

The Ombudsman concluded that the Council could have investigated the noise by early 2005, some months earlier than it did. He also found that the Council had given Mr Smith incomplete information about completing noise record sheets. The Ombudsman considered that these faults amounted to maladministration. As a result, the Council had missed opportunities to investigate the complaints and decide whether a statutory nuisance existed. This caused avoidable uncertainty and frustration to Mr Smith, as well as some loss of amenity. The Ombudsman also found fault with the Council for making an inaccurate statement to the local press about the noise nuisance.

The Ombudsman finds maladministration causing injustice and recommends that the Council:

  • pays Mr Smith £500 for his unnecessary uncertainty, anxiety, time and trouble;
  • continues to monitor the situation to establish whether a statutory nuisance exists (when there is an opportunity to monitor work at the slipways) and takes appropriate action; and
  • reviews its system for recording complaints, including liaison between Council departments, to minimise the chances of concerns being overlooked.

Date Published: 22/01/09