Summary: We will not investigate Mr X’s complaint the Council did not respond to his telephone calls reporting noise nuisance. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council did not respond to his telephone calls about noise nuisance caused by neighbours. He said that caused him stress. He also said a Council Officer had given him incorrect advice when he reported noise caused by his neighbour’s doing DIY. He wants the Council to provide a proper explanation why it did not respond to his telephone calls and improve information for residents.

Back to top

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
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We will not investigate Mr X’s complaint about how the Council dealt with his reports of noise nuisance. In the Council’s complaint response, it said it had checked its records but could find no record of three of his calls. It apologised for this and upheld his complaint. That apology remedies any injustice caused. The Council also said it would look at its systems to try and improve communication. Although Mr X feels this action is too vague, there is nothing to suggest a systemic issue with the Council about how it responds to reports of noise nuisance. Further investigation by the Ombudsman will not lead to a different outcome.
6. The Council also provided additional information about noise caused by people completing renovations at home. It said noisy works at home should not be completed outside of the reasonable hours of 8am till 8pm. It said the timeframes for commercial construction noise was different. It gave advice to Mr X about his neighbour’s noise based on this. There is not enough evidence of fault in the advice provided to Mr X by the Council.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman