Summary: We will not investigate this complaint the Council refused to investigate reports of noise nuisance. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X complained the Council’s Environmental Health Service refused to investigate her reports of noise nuisance. She said the matter had been ongoing for several years. She wants the Council to review its decision not to investigate her noise complaints.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. 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.

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

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How I considered this complaint

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

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My assessment

7. The Council’s Environmental Health Service first investigated Mrs X’s reports of noise nuisance in 2022 by installing noise monitoring equipment in her flat. This recorded music being played by a neighbouring flat, however the Council did not assess that noise as overly loud. The recording equipment also picked up other noises which indicated there might be problems with sound insultation between the flats.
8. As Mrs X was a Council tenant, Environmental Health contacted its Housing Service and recommended it led on the investigation, as there was no evidence of statutory noise nuisance. We have no jurisdiction to investigate any subsequent action taken by the Housing Service, as we cannot investigate the Council when it is acting as a social landlord. Environmental Health also recommended a further assessment to explore the transfer of noise between the flats and possible issues with sound insulation.
9. Environmental Health completed that noise assessment in May 2023. It found there were deficits in the structure between the flats. That resulted in structure-born sound to pass easily between the flats. It said as the noise was not a result of unreasonable behaviour it could not be a statutory nuisance. It made that decision in line with relevant case law.
10. Mrs X reported further noise nuisance in 2024. Environmental Health said it would not investigate further. It said that was because there was insufficient evidence the situation had changed significantly.
11. Although Mrs X is unhappy with how Environmental Health has dealt with her most recent report of noise nuisance, we will not investigate. The Council has taken correct steps to assess the noise nuisance, including noise monitoring and the noise transfer assessment. It has taken its decision not to investigate Mrs X’s most recent report based on evidence provided, its previous assessment and in line with its service standards. There is not enough evidence of fault to justify investigating.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman