Summary: We will not investigate this complaint about the Council’s handling of a noise complaint. This is because there is not enough evidence of fault to justify investigation.

The complaint

1. Mr X and Mrs Y complain the Council:
• Did not resolve their complaints of noise nuisance;
• Did not complete the investigation properly;
• Communicated with them poorly; and
• Handled their complaint poorly.

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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 not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

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

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My assessment

6. Mr X and Mrs Y are unhappy with the outcome of the Council’s investigation into their complaint of noise nuisance. The Council asked them to complete diary sheets recording the noise, and then installed specialist noise recording equipment in their home. The Council found the noise did not amount to statutory nuisance. There is no evidence of fault in how the Council made its decision and therefore we cannot question the outcome.
7. Mr X and Mrs Y complain the Council impacted the investigation by giving notice to the perpetrator. The Council says it did not specify how or when the noise would be monitored. The Council is entitled to inform the perpetrator of the investigation; this is not contrary to law or policy. There is not enough evidence of fault.
8. It is not a good use of public resources to investigate complaints about poor communication and complaint handling if we are not investigating the substantive issue.

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Final decision

9. We will not investigate Mr X and Mrs Y’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman