Summary: We will not investigate this complaint about a lack of action on the complainant’s reports of noise nuisance. The Council confirms it is still considering the reports of noise nuisance. We consider further investigation will not lead to a different outcome.

The complaint

1. Mrs X complains the Council has failed to act against the noise nuisance caused by her neighbour’s dog and the light nuisance caused by their garden light which is angled towards her 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 further investigation would not lead to a different outcome.

(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. The Council confirms it is still considering the reports of noise nuisance. It says :
• Officers have reviewed recordings provided by Mrs X but do not consider these are evidence of a statutory noise nuisance
• a Community Protection Warning letter has been sent to the neighbour; and
• it has provided Mrs X with diary sheets for her to complete and return as evidence
6. Also, the Council says the light was moved, therefore action was not necessary.

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Final decision

7. We will not investigate Mrs X’s complaint because the Council confirms it is still considering Mrs X’s report of noise nuisance. We consider further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman