Summary: There is no fault by the Council. Officers have visited in response to noise complaints and taken action, which is ongoing. As no evidence of statutory noise nuisance has been witnessed, officers have been unable to serve a noise abatement notice.

The complaint

1. The complainant, who I shall refer to as Miss X, complains the Council’s investigation and response to complaints about noise and anti-social behaviour from a neighbour has been inadequate.
2. Miss X says that the noise from her neighbours voices and banging on the walls causes them stress.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I read the papers submitted by Miss X and discussed the complaint with her.
6. I considered the Council’s comments about the complaint and any supporting documents it provided.
7. Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Key facts

8. Miss X first complained to the Environmental Health team in April 2022 about the noise from her neighbours. Her neighbours had been placed in the property by the Council’s Refugee Housing Team but the property is rented from a private landlord.
9. The Environmental Health Officer (EHO) spoke to Miss X, the neighbours, the tenants and the Refugee Housing Team to try to resolve the complaint informally.
10. Miss X was given the contact number for the Council’s weekend out of hours noise monitoring service.
11. In February 2023 the EHO visited with the neighbours and their landlord. Over the next couple of the months officers visited Miss X over 10 times but did not record a statutory noise nuisance. The notes record that they did hear some noise from the neighbour but it was noise from voices and children.
12. In June 2023 the Council arranged mediation between Miss X and her neighbour. The Council continued to visit in response to Miss X’s calls to the noise monitoring service. Miss X that it is difficult for the noise team to witness the problem.
13. The Council issued a Community Protection Warning to Miss X’s neighbours in July 2023. In August 2023 a Community Protection Notice was served. In November 2023 a Fixed Penalty Notice was served on Miss X’s neighbours. If the penalty is not paid, the Council can pursue the matter in the courts.

Council’s powers and the law
 

14. Councils and the police can issue community protection notices (CPN) to prevent anti-social behaviour which is unreasonable and having a negative effect on the community's quality of life. A CPN requires the behaviour to stop and, where appropriate, require the recipient to take reasonable steps to stop it happening again. Not complying is an offence and may result in a fine or a fixed penalty notice.
15. Councils must issue a written warning in advance of a CPN. The council should decide how long after the written warning to wait before serving a CPN. A person can appeal a CPN in the magistrates' court within 21 days of receiving it if they disagree with the council’s decision.
16. In some instances, antisocial behaviour may cause a statutory nuisance under the Environmental Protection Act. In such cases councils can serve both a CPN and an abatement notice on the perpetrator, if they consider it necessary.
17. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’. Activities a council might decide are a statutory nuisance include noise from premises. For the issue to count as a statutory nuisance, it must unreasonably and substantially interfere with the use or enjoyment of a home.
18. There is no fixed point at which something becomes a statutory nuisance. Councils rely on suitably qualified officers to gather evidence. Officers may, for example, ask the complainant to complete diary sheets, fit noise-monitoring equipment, or make site visits. Councils will sometimes offer an ‘out-of-hours’ service for people to contact, if a nuisance occurs outside normal working time.
19. Once evidence gathering is complete, a council will assess the evidence. It will consider matters such as the timing, duration, and intensity of the alleged nuisance. Officers will use their professional judgement to decide whether a statutory nuisance exists.
20. The law says that a potential nuisance must be judged on how it affects the average person. Councils cannot take action to stop something which is only a nuisance to the complainant because they have special circumstances, such as a medical condition which makes them unusually sensitive to noise or fumes.
21. Councils can also decide to take informal action if the issue complained about is causing a nuisance, but is not a statutory nuisance. They may write to the person causing the nuisance or suggest mediation.
22. If a council is satisfied a statutory nuisance is happening, has happened or will happen in the future, it must serve an abatement notice. If the nuisance is noise from premises, the council may delay issuing an abatement notice for a short period, to try to address the problem informally.
23. An abatement notice requires the person or people responsible to stop or limit the activity causing the nuisance. Failure to comply with an abatement notice is an offence, which can lead to prosecution and a fine.

My analysis

24. Miss X’s neighbours have a tenancy with a private landlord. The Council’s Refugee Housing Team are not able to take action to evict them, only the landlord can do this.
25. The Council has said that officers have not witnessed a noise nuisance from the property so they cannot serve an abatement notice. However, it has served a Community Protection Notice and can prosecute if the fine is not paid.
26. I understand Miss X’s frustration. But I do not find fault with the Council’s response to her complaints. The Council has spoken to the neighbours and arranged mediation to try to resolve the issue. Officers have visited in response to noise complaints but have not witnessed a statutory noise nuisance. So, officers cannot serve a noise abatement notice. Officers have taken action, they have served a Community Protection Notice and will pursue this if the fine is not paid. Officers will also still visit if Miss X calls the noise officers call out service to continue to witness further problems.

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Final decision

27. I have completed my investigation of this complaint. This complaint is not upheld, as I have found no evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman