Summary: We will not investigate this complaint about noise abatement notices issued by the Council. This is because it was reasonable for the complainant to appeal the notices to the magistrates’ court. The complainant has now lodged an appeal after she was found guilty of breaching one of the notices. This means the matter is outside our jurisdiction.

The complaint

1. The complainant, Miss X, complained about two noise abatement notices issued by the Council. Miss X is unhappy with the way council officers have treated her and says she is being victimised.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have said that where someone has used their right of appeal by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X had a right of appeal to the magistrates’ court against the two abatement notices issued by the Council. It was reasonable for Miss X to use her appeal rights. Only the courts can decide a dispute about whether a person is causing a statutory noise nuisance. The exception at paragraph 3 therefore applies to the original abatement notices.
8. Miss X was subsequently prosecuted for breaching one of the abatement notices and has appealed the prosecution. The exception at paragraph 4 therefore applies and we have no discretion to consider this part of Miss X’s complaint.
9. The actions of the Council’s officers cannot be separated from matters which are outside our jurisdiction. We will not therefore start an investigation.

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Final decision

10. We will not investigate Miss X’s complaint because it was reasonable for Miss X to appeal the abatement notices and she has now submitted an appeal against the subsequent prosecution. This means the complaint is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman