Summary: We will not investigate this complaint about the Council’s handling of a noise nuisance complaint. This is because the Council has investigated Mr X’s complaint and taken steps to respond. Therefore, it is unlikely further investigation by us would lead to a significantly different outcome.

The complaint

1. Mr X complained about the Council’s handling of his reports of noise from another flat in the building he occupies. He said officers misrepresented what they observed during their visit to his building and disputes their reasoning for their actions during that visit. Mr X also stated that the Council had failed to respond to his complaint in a timely manner. Mr X said that this had caused him distress.

Back to top

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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council out of hours service attended Mr X’s building in response to a report of noise. Mr X said the officers record of their visit was not accurate in so far as he believed it should record the officers witnessed an increase in noise. He also disputed the reason officers gave for carrying out further investigations on different floor levels. Mr X was also unhappy the Council did not carry out follow up actions it said it would do, including writing to the occupant, who was the source of the noise.
6. In response to Mr X’s complaint, the Council explained their reasoning for its actions, explained why it did not believe there had been a statutory noise nuisance and made a record of Mr X’s representations on its case file. It also wrote to the occupant explaining its concerns.
7. Given the Council’s actions in response, we will not investigate, because it is unlikely further investigation would lead to a significantly different outcome for Mr X.
8. We will not investigate delays in complaint handling, because it is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman