Summary: There was no fault by the Council. The Council has investigated complaints about anti-social behaviour. It has concluded the noise complaint was not anti-social behaviour but mechanical noise from the neighbour’s boiler. The Council has repaired the tenants boiler but Mr X says that there is still an intermittent noise. The Council has investigated the complaint about parking and accepts there is a dispute between the two neighbours. It has offered mediation but said it will not install the bollards Mr X wants.

The complaint

1. The complainant, who I shall call Mr X, complains the Council has not adequately investigated a complaint about intermittent noise from a neighbouring house.
2. Mr X also says the Council has not responded to his request for bollards to be placed on the pavement between his house and his neighbours. Mr X says the anti-social behaviour from his neighbours is stressful and his car has been blocked in.

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The Ombudsman’s role and powers

3. 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)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I read the papers put in by Mr X and discussed the complaint with him.
6. I considered the Council’s comments about the complaint and any supporting documents it provided.
7. Mr X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Parking

8. Mr X owns a terraced property with dropped kerb leading to a parking area in his front garden. His neighbour is a Council tenant with no dropped kerb. There is a fenced pedestrian path between the two front gardens leading to an alleyway to the back gardens.
9. Mr X wants the Council to place bollards on the pavement outside his house. He would like them placed so that his neighbour cannot drive along the pavement after using his dropped kerb to park on their front garden.
10. There is a dispute between Mr X and his neighbour over parking. The Council has offered mediation as it has said that both Mr X and his neighbour need to park respectfully. The Council has said that it will not place bollards on the pavement as this would not resolve parking issues. The Council has said to Mr X that ‘having reviewed your complaint about your neighbour using the dropped kerb outside your property this is not illegal or anti-social as you do not own the kerb and the pavement between the kerb and your drive is owned by Highways’.
11. I find no fault in the Council’s response to Mr X’s complaint. The Council has advised Mr X to park respectfully and to contact parking enforcement if his driveway was blocked.

Noise complaints

12. Mr X has complained about a mechanical noise from his neighbours house. The Council has visited repeatedly, and several repairs have been carried out to the neighbours boiler. The Council has written to Mr X to explain the noise is not from anti-social behaviour as there was a problem with the boiler. The Council says the noise problem was resolved in June 2024.
13. Mr X says the noise issue has not resolved but by the time its reported the Council can’t get out to witness it. Mr X thinks the neighbour is causing the noise deliberately.
14. Mr X asked for a case review of the Council and Police response to his complaints about anti-social behaviour from his neighbour. The panel found that all agencies had responded appropriately.
15. I appreciate Mr X’s frustration. There has been noise from the neighbours boiler. However, this would not be the fault of the tenant and so cannot be classed as anti-social behaviour. Given the short duration of the noise it is difficult to see what further action the Council can take. The Council has said that housing will continue to respond to complaints if there is further noise from the boiler so that it can be repaired.

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Final decision

16. I have completed my investigation of this complaint. This complaint is not upheld, as there is no evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman