Summary: We will not investigate this complaint about how the Council dealt with reports of neighbour noise nuisance. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained about the Council’s decision not to take action against his neighbour for causing a noise nuisance. He said he also experienced harassment from his neighbour.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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
• 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. We will not investigate Mr X’s complaint about how the Council considered his reports of noise nuisance. The Council considered noise logs provided by Mr X and installed noise monitoring equipment. It decided the noise was consistent with daily living. It told Mr X it would not take further action. There is not enough evidence of fault in how the Council responded to his concerns to justify our involvement.
7. In its response to Mr X’s complaint, the Council accepted there was a delay in it giving Mr X the outcome of its investigation. The Council apologised for that delay. We will not investigate this complaint further as I am satisfied the Council’s apology remedies any injustice caused.
8. Mr X said his neighbour is harassing him. He believes they are doing this deliberately to get him to move out of his home. The Council has asked Mr X to provide more information about the behaviour causing him concern. Without that information the Council cannot decide what action, if any to take.
9. We will not investigate this complaint. It is reasonable for Mr X to contact the Council with his concerns. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman