Summary: We will not investigate this complaint about the Council’s failure to act on reports of noise nuisance. There is not enough evidence of fault in the way the Council responded to Mrs X’s reports. And, as the Council cannot consider her concerns without her engagement, further investigation by us would not lead to a different outcome.

The complaint

1. Mrs X complains the Council has failed to help with her reports of noise nuisance from her neighbours. She also complains the Council has taken her descriptions of how the noise is affecting her out of context and has insinuated she is suffering from suicidal thoughts.

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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, or
• there is no worthwhile outcome achievable by our investigation.

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

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My assessment

5. Mrs X complained to the Council about noise from her neighbour including
• slamming doors
• kitchen noise/ appliance noise; and
• vibration from shower when in use.
6. The Council says it has spoken to the letting agent for the neighbouring property. The agent says it carried out work to reduce the noise from the shower pump and has spoken to the tenants.
7. The Council also says the reported noise is from everyday activities such as walking and closing doors. If it is satisfied the noise is unreasonable has advised it may visit Mrs X and the neighbour to assess the noise to see if there is anything that can be done to reduce this noise such adjusting doors or fitting pads to prevent slamming. However, it needs Mrs X’s engagement to progress the matter.
8. Mrs X says the Council has unreasonably focussed on her comments about her mental health. However, the Council has a duty to provide information about referrals for health and wellbeing support services when they are concerned about individual’s welfare.

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Final decision

9. We will not investigate Mrs X ’s complaint because there is not enough evidence of fault in the way the Council considered Mrs X’s noise reports. Also, without Mrs X’s engagement the Council cannot progress an investigation. Therefore we consider that an investigation will not lead to a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman