Summary: We will not investigate Ms X’s complaint about how the Council responded to complaints of noise and antisocial behaviour by her neighbour. This is because the Council has apologised and agreed a way forward and it is unlikely investigation would achieve anything more for her at this time.

The complaint

1. Ms X complained the Council failed to respond to her complaints of noise and anti-social behaviour (ASB) within a suitable time frame. She states that due to the Council’s delay in dealing with her complaint she has continued to experience excessive noise from her neighbour’s vehicle which has caused her severe distress.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council. I also considered the Council’s responses to Ms X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained to the Council about noise caused by her neighbour’s vehicle. She believed the noise was being made deliberately by her neighbour late at night and stated this stopped her from sleeping.
6. The Council conducted a statutory noise investigation but after reviewing the evidence it concluded the case did not meet the threshold for statutory noise nuisance. The Council then considered Ms X’s view that the noise was being made deliberately and it decided it would investigate the case under ASB legislation.
7. Ms X felt the Council took too long to deal with the matter, so she complained. The Council acknowledged there were some delays in its handling of the matter. It explained the reasons for these delays were predominantly due to it needing to consult colleagues from partner agencies and ensuring staff availability for multi-disciplinary review meetings.
8. The Council apologised to Ms X for its delays and has reviewed its complaint handling processes and made modifications to ensure improved efficiency and help prevent similar delays in the future. These are the actions we would expect the Council to take and we would seek no more even if we investigated.
9. The Council has now started an ASB investigation, and this investigation is ongoing. As part of the investigation the Council has offered to install noise monitoring equipment to assist its investigation.
10. The Council has taken appropriate action following Ms X’s complaint. It has issued Ms X an apology for its delay in responding to her complaint and it is unlikely further investigation would achieve anything more for her at the present time.

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Final decision

11. We will not investigate Ms X’s complaint because it is unlikely to achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman