Summary: We will not investigate Mr X’s complaint about how the Council responded to his reports of noise nuisance. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about how the Council responded to his reports of noise nuisance caused by a neighbour living in a flat above him. He said the Council had passed his complaint between departments and failed to resolve the matter. He said he had written to the Council’s Chief Executive, but they had failed to respond. Mr X wants the Council to deal with his concerns.

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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. (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. Following Mr X’s report of noise nuisance, the Council spoke to him and his neighbour to discuss his concerns. It asked Mr X to complete a noise diary. It assessed the information from the diary and decided it was typical domestic noise. It wrote to Mr X and said it would not take further action as the information provided did not constitute a statutory noise nuisance. It said Mr X could take his own action. It also arranged mediation between Mr X and his neighbour. It suggested Mr X contact the building management company about insulation between the flats.
7. Although Mr X is unhappy with how the Council considered his noise nuisance complaint, we will not investigate further. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant information and evidence. There is not enough evidence of fault in the steps the Council took to consider his complaint to justify investigating.
8. We will not investigate Mr X’s concerns about complaint handling or that he has been passed between council departments. The Council’s Licencing and Out of Hours Service (LOOH Service) investigated his reports of noise nuisance. The LOOH Service contacted him about his letter to the Chief Executive. The Council provided a response to his complaints through the corporate complaint’s procedure. There is not enough evidence of fault to justify investigating.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault in how the Council considered his reports of noise nuisance to justify investigating.

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Investigator's decision on behalf of the Ombudsman