Summary: We will not investigate Mr X’s complaint about how the Council handled his noise complaints. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains about how the Council handled his complaint about noise from his neighbour. He says his neighbour is having loud parties with loud music which means he cannot sleep or enjoy his garden.

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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 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

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

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My assessment

5. Mr X complained to the Council about his neighbour’s noisy parties, which he says happen up to seven times a year. He presented a recording of the noise to the Council.
6. The Council listened to the recording and explained why it considered the noise was not excessive. It explained why it would not investigate further. It said the recording relates to people socialising on a couple of occasions, which was not statutory noise nuisance or antisocial behaviour.
7. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, even if someone disagrees with it.
8. I will not investigate this complaint. There is not enough evidence of fault in the Council’s actions to warrant an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman