Summary: We will not investigate this complaint about the Council’s lack of action on reports of anti-social behaviour and noise. We have not seen enough evidence of fault in the way the Council considered the reports. It is open for the complainant to report any new instances of noise or other anti-social behaviour for the Council to consider.

The complaint

1. Mrs X complains the Council failed to act on her reports of anti-social behaviour (ASB), including noise from her neighbours.

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The Ombudsman’s role and powers

2. We investigate 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 continue 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), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X reported noise nuisance from her next-door neighbours. She confirmed the noise was occasionally loud music, but more often it was noise from the kitchen late at night.
6. Section 79 of the Environmental Protection Act 1990 creates a duty on councils to investigate and, where identified, take action to address ‘statutory nuisances’. Under the Act, a statutory nuisance is one which:
• unreasonably and substantially interferes with the use or enjoyment of a home or other premises; and / or
• injures health or is likely to injure health; and
• which is happening, has happened and is likely to happen again, or is likely to happen in the future.
7. We expect to see reports of noise nuisance being investigated by an environmental health officer (EHO). Their role is to gather evidence and consider whether the evidence supports that a statutory nuisance exists. This decision is one of professional judgement for officers, and so we would always expect them to make their decision based on objective evidence, and not simply because a complainant says they are suffering from a nuisance.
8. The Council says in response to Mrs X’s noise report that it provided diary sheets for her to complete. However, Mrs X did not complete and return these. It also offered to install noise monitoring equipment in Mrs X’s home. However, she declined this offer as her neighbours, who are students, had left the property for the summer.
9. The Council confirms an officer contacted the property landlord to discuss noise issues. It says soft stop door closers have been installed and it asked for soft floor furnishings to be laid.
10. Mrs X also complained the Council’s anti-social behaviour (ASB) team has failed to help her. The Council says she contacted the ASB team in June reporting noise and waste problems.
11. Officers left messages for Mrs X in June and July asking for an update, she did not reply. In August, the Council contacted Mrs X who confirmed there has been no more ASB incidents as the students had left for the summer.
12. The Council confirms it contacted the police who had advised the landlord not to approach Mrs X and her family. It also advised there was an ongoing investigation into a separate, direct report from Mrs X. The Council says it told Mrs X how to report further noise issues. However, as there had only been a single ASB incident reported by Mrs X in June, it would not be taking further action. The Council closed the case in October as the ASB team had received no further reports from Mrs X.

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Final decision

13. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the way the Council considered her reports of ASB and noise to justify an investigation.
14. It is open for Mrs X to report further noise nuisance. However, the Council will need to gather information such as diary sheets from her. She can also ask for noise monitoring equipment to be installed in her home during term time, so the Council will have an accurate record of the issues she is experiencing. The Council will then be able to progress an investigation.

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Investigator's decision on behalf of the Ombudsman