Summary: Ms X complained about the Council’s handling of her reports of noise, anti-social behaviour and fly tipping by neighbours. We have discontinued our investigation because there is nothing worthwhile we can achieve by pursuing this further.

The complaint

1. Ms X complained about the Council’s handling of:
1. her reports of anti-social behaviour by neighbour A;
2. her reports of fly tipping and leaving out bins by neighbour B; and
3. noise from neighbour B’s pipes.
2. Ms X said this caused frustration, distress and affected her health.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I considered the information Ms X provided and spoke to her about her complaint. I also considered information the Council provided and information we already have following previous investigations.
5. Ms X and the Council had the opportunity to comment on the draft decision. We considered their comments before making a final decision.

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What I found

Anti-social behaviour (ASB) by neighbour A

6. Ms X complained to us about the Council’s handling of her ASB concerns in early 2022. We considered the action the Council was taking and decided, in March 2022, not to carry out a formal investigation because we were satisfied the Council was taking appropriate steps to address this.
7. In response to the current complaint, the Council has confirmed that a team leader is in regular contact with Ms X. Ms X has agreed she will use an ASB app to record any further noise that occurs as soon as she has obtained a smartphone and has been given advice about how to make reports in the meantime. Although the situation with the neighbour has not been resolved, there is no evidence of fault in the Council’s actions that justify further involvement from us at this stage.

Reports of fly-tipping from neighbour B

8. Ms X complained to the Council about neighbour B putting rubbish out too early and leaving their bin out between collection dates. The Council wrote to the neighbour about this but told Ms X it was not able to take formal action about this as it was not sufficiently serious to do so.
9. Ms X also complained to the Council about fly tipping by neighbour B. The Council said it needed evidence to pursue formal action about this, including observations by its officers and a witness statement from Ms X. Ms X was not willing to provide a witness statement so there was insufficient evidence for the Council to pursue formal action.
10. If fly tipping remains an issue, it is open to Ms X to make further reports to the Council and to reconsider whether she wants to make a witness statement. The Council will then be able to consider what action it can take. However, there is nothing further we can achieve by investigating this matter.

Reports of noise from neighbour B’s pipes

11. Ms X complained to us about noise from neighbour B’s pipes in May 2022 and we carried out a full investigation of the Council’s handling of this matter between early 2021 and May 2022. We issued our final decision in January 2023. We found fault with the Council for a delay in collecting noise recording equipment from Ms X’s property and a delay in responding to her emails. The Council agreed to reinstall the noise monitoring equipment and consider whether the noise from the pipes amounts to a statutory nuisance by early March 2023.
12. Since the Council is currently taking action to address this concern, there is nothing worthwhile we can achieve by carrying out further investigations at this time. If, when the Council has concluded its enquiries, Ms X is unhappy with the outcome she can make a fresh complaint about that to the Council.

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Final decision

13. I have discontinued this investigation on the basis there is nothing worthwhile I can achieve by investigating further for the reasons set out above.

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Investigator's decision on behalf of the Ombudsman