Summary: We will not investigate this complaint about how the Council dealt with reports of noise nuisance. There is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained about how the Council dealt with her reports of noise nuisance. She said her neighbour’s noise was affecting her mental health. She also said there were leaks in her property. She wants the Council to address the noise and disrepair.

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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)
3. 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))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In order to investigate Ms X’s complaint about noise nuisance the Council:
• Contacted Ms X’s neighbour about the reports of noise nuisance;
• Asked Ms X to complete a noise diary; and
• Listened to audio recordings made by Ms X.
8. Following that, the Council contacted Ms X explaining it would not take any further action. It said that was because the noise was generated by young children during the day. It said that was not a statutory noise nuisance. The Council visited Ms X to explain the outcome of its investigation.
9. Although Ms X is unhappy with the Council’s response, we will not investigate this complaint. That is because there is no evidence of fault in how the Council considered Ms X’s noise complaint. Therefore, we cannot question the outcome of its investigation.
10. We cannot investigate Ms X’s complaint about disrepair in her property. That is because we have no jurisdiction to investigate complaints where the Council is acting as a social landlord. That is the role of the Housing Ombudsman.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman