Summary: We will not investigate this complaint about the Council’s handling of Mr X’s reports of noise. This is because there is not enough evidence of fault by the Council and we could not achieve a worthwhile outcome for Mr X.

The complaint

1. Mr X complains about the Council’s handling of his reports of noise from a neighbouring property. He says the Council did not properly consider evidence and failed to take enforcement action. He wants the Council to serve an abatement notice on his neighbour.

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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, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. 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 though a complainant may disagree with it
6. Mr X reported noise coming from a vibrating pipe at a neighbouring property in November 2024. The Council started an investigation.
7. In August 2025, Council officers visited Mr X’s property to install recording equipment and heard the noise. The Council did not install the noise recording equipment, and did not take formal enforcement action. The Council has accepted it should have installed the noise recording equipment when officers visited Mr X’s property in August 2025.
8. In November 2025, Mr X complained to the Council. The Council said it needed further evidence to prove the noise was occurring frequently enough to be able to take enforcement action. The Council offered to install the noise recording equipment, but Mr X did not accept the offer.
9. The Council considered the evidence available and explained why further evidence was required. While I recognise the Council did not install noise recording equipment during the August 2025 visit, the Council has since offered to install it and continue its investigation. There is insufficient evidence of fault causing injustice to warrant further investigation.
10. Mr X says the Council asked him not to submit evidence and this has prevented him from providing supporting evidence for his case. The Council explained it had advised Mr X any evidence should be clear and free from background noise so it could be used to take enforcement action. I have not seen any evidence the Council asked Mr X to stop providing evidence. Therefore, I have seen insufficient evidence of fault to warrant further investigation.
11. Mr X also says the Council failed to consider information from its officers and the police. However, it is for the Council to decide what evidence it requires before taking enforcement action. I have not seen any evidence the Council failed to consider relevant information in its decision making.
12. Mr X wants the Council to serve an abatement notice on his neighbour. However, we cannot achieve the outcome he is seeking as we do not have the power to require the Council to take enforcement action. Therefore, we could not achieve anything more for Mr X.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council and we could not achieve anything more for Mr X.

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Investigator's decision on behalf of the Ombudsman