London Borough of Enfield (21 002 595)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 21 Jul 2021
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s handling of his complaints of noise nuisance and anti-social behaviour by his neighbour. We will not investigate the complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.
The complaint
- The complainant, who I refer to as Mr X, complains that despite his continued efforts and contact with the Council about a noisy neighbour, the problem continues and he wants it to stop.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
- I gave Mr X the opportunity to comment on my draft decision and considered what he said.
My assessment
- Mr X has complained to the Council about noisy neighbours on numerous occasions. It has investigated his concerns and spoken to the neighbour. However, it has explained to Mr X that it has no grounds to take enforcement action. This is because the properties involved are privately owned and it cannot take action in relation to poor sound insulation or what amounts to normal everyday living noise.
- While this is clearly disappointing for Mr X, an investigation by the Ombudsman is unlikely to add to that already carried out by the Council or lead to a different outcome.
Final decision
- We will not investigate this complaint. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman