Summary: We will not investigate this complaint about the Council’s failure to take sufficient action against a neighbour who the complainant says is causing noise nuisance and anti-social behaviour. There is not enough evidence of fault in the way the Council considered the complaints to justify an investigation.

The complaint

1. Mr X complained about the Council’s failure to prevent a neighbour from causing noise and disturbance to his home.

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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.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains the Council has failed to act on his reports and evidence of noise and anti-social behaviour (ASB) from his neighbour.
6. The Council advised Mr X that, as the reported ASB was noise only and was not directed towards him or his family, the matter should be reported to the Environmental Health department.
7. Mr X provided diary sheets and noise recordings to the Council. Officers confirm they listen to the recordings and reviewed the diary sheets. They have also visited Mr X’s neighbour. They have acknowledged the neighbour speaks loudly. However, Officers do not consider the recordings and other information provided by Mr X is evidence of a statutory noise nuisance.
8. The Council has told Mr X that there is no evidence of a statutory noise nuisance from the daily living noises. Therefore it cannot take any action. It has advised Mr X that he has a right to take his own legal action and ask the Magistrate’s Court to consider whether his neighbour is causing a statutory noise nuisance.
9. In assessing Mr X’s complaint I have noted the Council:
• contacted his neighbour about the reports of noise nuisance
• asked Mr X to complete a noise diary; and
• listened to audio recordings made by Mr X.
10. Following that, the Council contacted Mr X and explained that it would not take any further action. It said that was because the noise was generated by general living and did not consider it to be a statutory noise nuisance.
11. I understand Mr X finds the noise caused by his neighbour’s shouting and children playing distressing. And I understand he disagrees with the Council’s response. However, we will not investigate this complaint. That is because there is no evidence of fault in how the Council considered his complaint about ASB/noise. Therefore, we cannot question the outcome of its investigation.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council has considered his complaints.

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Investigator's decision on behalf of the Ombudsman