Summary: We will not investigate this complaint about the way the Council responded after the complainant reported a noise inside her home. This is because the Council will carry out an assessment of the noise from inside the property.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council has not properly assessed her reports of noise nuisance. In particular she complains the Council has not assessed her reports from inside her home.

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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 an investigation if we decide:

• further investigation would not lead to a different outcome, or
• if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(6) & 24A(7), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

4. Mrs X says she can hear a low frequency noise insider her home. She can also feel vibrations. Mrs X says the noise started in 2021 when the Council installed new street lights.
5. The Council has visited the street but has not heard any noise or identified any problems. The Council says utility companies have been doing work in the area and any problems could be caused by the work they have done; this would not be the Council’s responsibility to resolve.
6. Mrs X agrees the noise cannot be heard from the street. She complains the Council has not assessed her reports of noise from inside her property.
7. In response to my initial enquiries the Council said it will contact Mrs X to arrange a visit to assess her noise reports from inside her home. This is a fair way to settle the complaint so I will not start an investigation. It is unlikely we could achieve a different outcome for Mrs X as it is for the Council to decide if inappropriate noise can be heard inside her home and whether any action by the Council has caused that noise.

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Final decision

8. We will not investigate this complaint because I am satisfied with the actions the Council is planning to take and it is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman