Summary: We will not investigate Mr X’s complaint about how the Council responded to reports of noise nuisance as there is not enough evidence of fault to warrant investigation.

The complaint

1. Mr X complains he is still experiencing antisocial behaviour from a noisy neighbour and the Council are not returning his calls.
2. Mr X further complains the Council have not contacted other residents in his block to try and evidence the noise nuisance, as they claim they have.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. Mr X has previously complained to the Council about alleged noise nuisance caused by a neighbour over the last few years. The most recent final complaint response is dated March 2022, which I have taken account of.
7. The Council have investigated these complaints: by installing digital audio tape devices, making several visits to the property within one hour of being notified of a noise nuisance, door knocking and posting letters to other residents within the vicinity to ask if they have heard anti-social noise from neighbours, sending an informal notice to the neighbour alleged to be making the noise and by asking Mr X to fill out noise diary sheets.
8. Despite numerous efforts to do so, the Council has been unable to evidence the noise alleged to be coming from Mr X’s neighbour, both by other tenants or by council officers.
9. The Council have records of email contact from Mr X but not of the telephone calls he alleges remain unreturned.

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Final decision

We will not investigate Mr X’s complaint because there is insufficient evidence of fault in how the Council investigated his complaint of noise nuisance.

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Investigator's decision on behalf of the Ombudsman