Summary: Mrs X complained about the Council’s failure to take sufficient action over noise from a neighbour’s washing machine. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council failing to take action over her neighbour’s noisy washer/drier which she says she uses during the night, disturbing her sleep.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response.

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What I found

4. Mrs X complained to the Council in 2018 about her neighbour’s washing machine which she says causes noise and vibration in the night. The Council investigated the complaint and provided sound recording equipment to Mrs X on two occasions.
5. The Equipment did not record any noise nuisance. Officers visited Mrs X and the neighbour more than once. On one occasion they were present in both properties when the washing machine was operating but no noise or vibration could be heard in Mrs X’s home.
6. Councils have a duty to investigate complaints about noise nuisance. They must decide if there is a statutory nuisance occurring and if so, decide what action to take to prevent it. In this case the Council could not find any noise which would be considered as a statutory nuisance. It would be unreasonable to prevent the neighbour from using her domestic white goods or to make further visits to her home.
7. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. In this case the Council carried out a thorough investigation but could not take further action.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman