Summary: We will not investigate this complaint about a statutory noise complaint. This is because there is insufficient evidence of fault. Additionally, it was reasonable to expect Miss Y to have asked the Council for a review of her complaint.

The complaint

1. Miss X complained the Council did not investigate her noise complaint properly.
2. Miss X said it caused distress.
3. Miss X wants the Council to be more responsive in their consideration of statutory noise nuisance matters and to review her noise complaint.

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The Ombudsman’s role and powers

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, or
• it would be reasonable for the person to ask for a council review.

(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. Miss X complained to the Council about noise from a nearby property. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential statutory noise nuisances.
8. There is no fixed point at which something becomes a statutory nuisance. Councils rely on suitably qualified officers to gather evidence. Officers may, for example, ask the complainant to complete diary sheets, fit noise-monitoring equipment, or make site visits. Councils will sometimes offer an ‘out-of-hours’ service for people to contact, if a nuisance occurs outside normal working time.
9. The Council officers visited, provided Miss X with audio recording equipment and attempted to engage with the alleged perpetrator of the noise. They concluded that there was no statutory noise nuisance.
10. We will not investigate this complaint. I have considered the steps the organisation took to consider the issue, and the information it took account of when deciding there was no statutory noise nuisance. There is no fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.
11. The Council provides a two stage complaints process; Miss Y did not request escalation to stage two. It was reasonable to expect Miss Y to have asked the Council for a review of her complaint.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating. Additionally, it was reasonable for Miss X to have asked the Council for a review.

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Investigator's decision on behalf of the Ombudsman