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

The complaint

1. Mr X complains the Council:
• Delayed investigating his noise nuisance report in 2021; and
• Did not serve an abatement notice in 2023.
2. An abatement notice is a formal notice issued by a Council to tell the person responsible to stop identified statutory nuisance. Failure to comply with an abatement notice is an offence and may result in legal proceedings.
3. For the issue to count as a statutory nuisance, it must:
• unreasonably and substantially interfere with the use or enjoyment of a home or other property; and/or
• injure health or be likely to injure health.

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The Ombudsman’s role and powers

4. 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))
5. 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)
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X reported noise nuisance to the Council in 2021. He says the Council delayed investigating his report. I will not consider this matter as it is over 12 months late and there is no good reason to investigate now.
10. In 2022 and 2023 the Council investigated Mr X’s report of noise nuisance and did not find evidence of statutory nuisance. In 2023 the Council decided to issue a notice on the likely occurrence of a nuisance. The Council could not issue an abatement notice without evidence of statutory nuisance. There was no fault in how the Council made its decision and so we cannot question the outcome.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman