Summary: Miss X complained the Council failed to investigate her complaint about a noise and pollution nuisance coming from a neighbouring property. We find the Council was at fault for failing to investigate her concerns. The Council will apologise, make a financial payment for the injustice caused and carry out an investigation.

The complaint

1. Miss X complained the Council failed to investigate her complaint about a noise and pollution nuisance coming from a neighbouring property.
2. She says this has resulted in her living in a property experiencing issues regularly for two years without any action by the Council.

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The Ombudsman’s role and powers

3. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have considered:
• The information provided by Miss X and discussed the complaint with her;
• The Council’s comments on the complaint and the supporting information it provided; and
• Relevant law and guidance.
6. Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Law and guidance

7. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’.
8. Typical things which may be a statutory nuisance include:
• noise from premises or vehicles, equipment or machinery in the street
• smoke from premises
• smells from industry, trade or business premises
• artificial light from premises
• insect infestations from industrial, trade or business premises
• accumulation of deposits on premises.

Council’s policy

9. The Council says it will acknowledge each complaint and sets out how the Council will deal with this. First, it will call or email advising of its intended action. If it is unable to take action it will direct the person to other agencies who can assist with alternative options.
10. Following the initial contact, the Council will carry out an investigation. This may include:
• Verbal advice;
• Written advice;
• Site visits and inspections;
• Requesting that the complainant keep a written record of the problem, typically using a ‘diary sheet’ supplied by the Council; or
• Use of monitoring equipment.

What happened

11. Miss X lives in a flat and there are several others in the building she lives in. She suffers from a chronic health condition. Her condition means she spends a lot of time in her home and requires periods of rest.
12. Miss X raised a complaint in mid-August 2021 about smoke and insulation concerns at her home from the neighbouring properties. The Council allocated the case to a member of staff, but no action was taken. She raised her concerns about the noise she was experiencing in mid-November 2021. She asked for someone to contact her about these concerns. Again, no action was taken by the Council.
13. In mid-March 2022 Miss X re-raised her concerns about the noise she was experiencing. She explained it was because she didn’t think the building had enough sound insulation and that no testing had been done about this when the building was converted by the landlord into flats.
14. The Council acknowledged Miss X’s complaints in late May 2022 and explained it had been having email issues which had led to a backlog and apologised. It asked if she had been contacted previously. Miss X responded to confirm no one had contacted her. She also explained that she had been issued a section 21 notice by her landlord, who intended to evict her because of the number of complaints she had raised to them about these issues.
15. The Council allocated Miss X’s complaint to a team member in June 2022. It emailed her to inform her of this and explained the team member was currently on holiday, but she should hear from them within two weeks.
16. In July 2022 the Council acknowledged the delay in dealing with Miss X’s complaint which it explained was due to a backlog which it was trying to work through. It informed her it had been allocated to a team member. It also noted that noise insulation complaints are difficult to determine and are often issues to be resolved between the landlord and tenant.
17. In early September Miss X chased the Council as she had not had any further contact regarding her noise or pollution complaint. She explained that because the effect the reported issues were having on her she felt this was an urgent issue. The Council agreed to remind the member of staff allocated to her case of the urgency and help them to prioritise the backlog of work still being worked through.
18. In December 2022 the Council informed Miss X that her pollution complaint had been assigned to a team member. It apologised for the delay and explained this may have been caused by an anomaly in the allocation process. It asked if it could arrange a time to visit. Miss X responded agreeing to the Council visiting the property.
19. Miss X raised a complaint to the Council about the delay. In its initial response in mid-December it accepted Miss X had first contacted the Council in August 2021. It accepted that since this date she had had to repeatedly chase but the noise complaint had not progressed. It noted she had now been contacted and it would take steps to ensure her complaint was progressed by this member of staff.
20. Miss X escalated her complaint and received a further response in late January 2023. It accepted there had been a delay caused by the backlog. It offered to send someone to the property to carry out an inspection and stated that a further delay would be unacceptable.
21. Miss X says someone attended her property but she heard nothing further. The Council says it has not yet carried out the visit agreed in December 2022.

Findings

22. Miss X was raising concerns that have the potential to be a statutory nuisance. The Council had an obligation to consider the concerns raised. There is no evidence it took any action to look into Miss X’s concerns or followed its policy for doing so. This is fault.
23. Miss X has been waiting for nearly two years for someone to investigate her complaint. The Council has repeatedly agreed to send someone out but acknowledges it has not done this. It accepted there was an unnecessary delay and promised this would not continue during the complaint but has still not completed a visit and decision on this issue. This is further fault.
24. I cannot say had the Council investigated it would have taken action. Therefore, I cannot say Miss X has experienced the noise or pollution for longer than necessary. She has, though, been left very frustrated by this delay. As a result of the delay, she has had to contact the Council repeatedly to try and progress her concerns and repeatedly raised them with the landlord. She feels this is why she was handed a section 21 notice. This frustration is an injustice.

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Agreed action

25. The Council will within one month of the final decision:
• Apologise for the injustice caused to Miss X.
• Pay Miss X £300 for the injustice caused.
26. The Council should within two months of the final decision:
• Carry out the offered inspection and issue its findings on whether these amount to a statutory nuisance.
27. The Council should provide us with evidence it has complied with the above actions.

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Final decision

28. I have completed my investigation. I have found fault leading to injustice. I have recommended action to remedy the injustice caused.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman