Torbay Council (25 013 171)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 16 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about how the Council handled his noise complaint because there is not enough evidence of fault.
The complaint
- Mr X complains about how the Council handled his complaint about noise nuisance.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained about shouting, banging and loud music from his neighbours home. He says the Council asked him to keep a noise diary.
- The Council considered the diary and asked Mr X to use a phone app to record the noise. It told Mr X it would consider an abatement notice if there was enough evidence.
- Mr X sent the Council the app recordings, which it said totalled 15 minutes over three months. The Council explained that as the frequency and severity had decreased significantly, it could not consider enforcement action or ask an officer to witness the noise. It told Mr X about his right to take the matter to court.
- I will not investigate this complaint. The Council considered the available evidence and made a decision based on the timing, frequency and level of noise. Based on the evidence I have seen, there is not enough evidence of fault in the actions taken by the Council to justify an investigation.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman