London Borough of Newham (21 001 644)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 29 Jun 2021
The Ombudsman's final decision:
Summary: Mr X complained about the Council’s investigation into noise nuisance from his neighbour. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.
The complaint
- Mr X complained about the Council’s investigation of his complaint about neighbour noise in the block of flats where he lives. He says the Council should have used noise recording equipment to form its view about noise nuisance instead of relying on the views of its officers who visited.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I have considered all the information which Mr X submitted with his complaint. I also considered the Council’s responses.
What I found
- Mr X complained about noise nuisance from his neighbour which included television and radio sound and music. The Council investigated the complaint but did not consider that the noise amounted to a statutory nuisance as it was mainly normal domestic household noise and a lack of sound insulation in the properties.
- Mr X disagreed with the finding and said that the Council’s procedures were inadequate and that it should provide him with noise-recording equipment. The Council says it has considered various evidence and the neighbour has been visited by its enforcement officers and the police, but it does not believe the noise from his equipment is excessive or a statutory nuisance.
- The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means the Ombudsman will not intervene in disagreements about the merits of decisions.
Final decision
- We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman