Summary: We will not investigate this complaint about the Council issuing an abatement notice to the complainant due to her allegedly causing a noise nuisance. This is because the complainant could reasonably have exercised her right of appeal to the magistrates court against the notice. We have no legal jurisdiction to investigate complaints in these circumstances.

The complaint

1. The complainant (Miss K) complains about the way the Council issued her an abatement notice requiring her stop creating a noise nuisance by playing loud music at her home. She says the Council has failed to consider her mental and physical health during its investigation and subsequent enforcement action.
2. In summary, Miss K says the alledged fault has wrongly led to her being subject to legal action which has made worse her mental health and adversely affected her general wellbeing. As a desired outcome, she wants the Council to stop taking action against her with respect to noise and instead provide her support.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).

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How I considered this complaint

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

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My assessment

5. The recipient of an abatement notice has a right of appeal against the notice to the magistrates’ court. In mid-2021, the Council issued an abatement notice against Miss K. The Council has confirmed to date there has been no appeal made against the abatement notice. However, Miss K says she thought she had done this, therefore confirming her intend to do so. Given Miss K intended to appeal the notice, I consider it would be reasonable for her to do have done so. We cannot investigate a complaint where the complainant could reasonably take court action over the issues raised. We therefore will not investigate.

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Final decision

6. We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman