Birmingham City Council (24 017 074)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 21 May 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about how the Council responded to her reports of noise and other nuisance. It is unlikely we would find fault in the Council’s actions.
The complaint
- Miss X made repeated complaints to the Council about noise and other nuisance that she was experiencing, which she said was caused by a neighbour. She said the Council did not listen to her reports or act and did not discuss her case with her landlord. She said this caused her distress.
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 relating to its actions in 2024. I have not considered information about how the Council responded to Miss X’s reports in 2025.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2024, Miss X made numerous reports about noise and other nuisance related issues. She said the Council did not listen to her or take action. She also said the Council were at fault because it did not liaise with her landlord or consider her evidence.
- The Council provided me with the case notes relating to Miss X’s reports about nuisance in 2024. The notes show it carried out several visits to the property complained about, in line with reports it received, and checked for evidence relating to Miss X’s reports.
- Additionally, it wrote to the property where the noise was alleged to have occurred, as well as other occupants of Miss X’s block. The Council also discussed Miss X’s case with her landlord. The Council’s records show it wrote to Miss X and told her why it was closing her case.
- The Council’s website says that when a report of noise nuisance, it will contact the person making the complaint and the person who the complaint is being made about. It says it try to gather evidence where it can.
- Given the Council’s actions here, which are recorded in the case notes, it is unlikely we would find fault in its actions.
Final decision
- We will not investigate Miss X’s complaint because the evidence shows the Council responded to her complaints and it is unlikely we would find fault.
Investigator's decision on behalf of the Ombudsman