Summary: We will not investigate this complaint about the Council’s investigation of noise nuisance by neighbours. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to take action against his neighbours whom he says frequently cause noise nuisance from domestic arguments, drug smoking and music. He says the case officer who dealt with his reports was disinterested and rude in a telephone conversation.

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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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X reported noise nuisance to the Council following frequent incidents of shouting, screaming and smashing noises from his neighbour’s home. He says they also smoke drugs and he believes that the neighbour’s female partner is involved in the sex industry as Police have attended previously. He contacted the Council and said as well as the noise he is concerned that the neighbour’s partner may be subjecting him to domestic abuse.
6. The Council’s case officer sent dairy sheets to Mr X but he says he was disappointed because the Council would not consider events which had happened in the past. He sent a video with sound recordings of the noises but the officer told him that he did not consider this to be statutory nuisance or something which the noise team could deal with. The Council advised Mr X to contact the Adult Services Department if he was concerned about his neighbour’s welfare.
7. Mr X says he had a telephone conversation with the officer in which he was treated in a rude and inconsiderate manner. The officer was unwilling to help him in his complaint. The Council interviewed the officer and said it did not find evidence that he was discourteous. The officer says he tried to manage Mr X’s expectations of what the Council could do and offered him advice about seeking his own action under the environmental Protection Act 1990. He could not investigate complaints about criminal issues which Mr X raised.
8. When considering complaints, we may not question whether the decision the Council has made is right or wrong or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. It is not our role to say whether noise complained about is a nuisance in law or whether action must be taken to reduce it. Only a qualified officer can decide if there is a statutory nuisance which can be addressed by an abatement notice.

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Final decision

9. We will not investigate this complaint about the Council’s investigation of noise nuisance by neighbours. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman