Summary: We will not investigate Mr and Mrs X’s complaint the Council did not take enforcement action to address the noise from a neighbouring property. There is not sufficient evidence of fault in how the Council determined the noise did not meet the threshold to be considered a statutory nuisance.

The complaint

1. Mr and Mrs X complain the Council did not consider all the relevant legislation when considering if the noise from their neighbours met the threshold to be considered a statutory nuisance.
2. Mr and Mrs X also complain the Council took no action to address their concerns and did not properly consider the impact the noise had on the quality of their lives.

Back to top

The Ombudsman’s role and powers

3. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr and Mrs X complained to the Council about the noise from their neighbours. The Council provided Mr and Mrs X with a diary sheet and a noise app to record the noise from the neighbouring property. Mr and Mrs X took multiple noise recordings using the noise app and completed the diary sheet over eight days. Environmental Health Officers reviewed the evidence and judged the recorded noise to be normal domestic noise which did not meet the threshold to be considered a statutory nuisance so no further action could be taken.
8. Mr and Mrs X made a formal complaint to the Council. The Council explained it cannot act for general living noise where people are reasonably using their property. The Council advised Mr and Mrs X to consider installing sound insulation as they lived in a terrace house and the sound insulation between properties was poor.
9. Mr and Mrs X asked the Council to review how Council staff treated them. The Council apologised for any distress suffered by Mrs X during conversations with council officers. There is insufficient remaining injustice to warrant further investigation of council staff’s communication with Mr and Mrs X.
10. Mr and Mrs X asked the Council to consider its powers under the Noise Act 1996. This is legislation that can be applied to excessive noise between 11pm and 7am. A senior officer reviewed the correspondence and file notes and spoke to members of staff. The senior officer concluded the noise from their neighbours does not meet the threshold to be considered a statutory nuisance; and that council staff acted reasonably.
11. There is not sufficient evidence of fault in how the Council investigated Mr and Mrs X’s complaint about the noise from their neighbours. The law (Environmental Protection Act 1990) requires the Council take ‘reasonably practicable’ steps to investigate. The Council provided Mr and Mrs X with a noise app and diary sheets to record the noises and reviewed and assessed this evidence to come to its decision. The Council’s Environmental Health Officers used their professional judgement to determine that the noise from the neighbours did not reach the threshold for being a statutory nuisance and the Council could not act as it was general domestic living noises. The Noise Act 1996 act is not for everyday living noises so would also not apply here. I cannot find fault in how the Council made its decision, so I cannot question the outcome.
12. We will also not investigate how the Council dealt with Mr and Mrs X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

Back to top

Final decision

13. We will not investigate Mr and Mrs X’s complaint the Council did not take enforcement action to address the noise from a neighbouring property. There is not sufficient evidence of fault in how the Council determined the noise did not meet the threshold to be considered a statutory nuisance to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman