Summary: We will not investigate this complaint about the Council’s response to Mr X’s ongoing complaints about noise nuisance. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains the Council downplays his complaints about noise nuisance from dog barking and that it has not taken proper account of the evidence in deciding there is no statutory nuisance against which it can take action.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X has been complaining about noise nuisance from dog barking at a neighbouring property for over three years. The Council has carried out a number of investigations but to date has found no evidence to support the existence of a statutory nuisance. Mr X’s previous complaints to the Ombudsman about these matters were not investigated because there was insufficient evidence to suggest fault by the Council.
7. In response to Mr X’s most recent reports of noise nuisance, the Council has explained that its further investigation has failed to find any significant change in circumstances and that its decision that there is no evidence of a statutory nuisance is confirmed.
8. While this is disappointing for Mr X, this is a decision the Council is entitled to make having considered the evidence. It is not our role to act as a point of appeal. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. I have seen no evidence to suggest fault in the way the Council has dealt with this matter.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman