London Borough of Newham (17 019 400)

Category : Environment and regulation > Noise

Decision : Not upheld

Decision date : 13 May 2019

The Ombudsman's final decision:

Summary: Mr C complains the Council failed to properly investigate and take appropriate action in response to his reports of noise nuisance from a neighbouring property. Mr C says because of the Council's fault he suffers unacceptable noise from banging, doors slamming and shouting. The Ombudsman has found no fault by the Council.

The complaint

  1. The complainant, whom I shall refer to as Mr C, complains the Council failed to properly investigate and take appropriate action in response to his reports of noise nuisance from a neighbouring property. Mr C says because of the Council's fault he suffers unacceptable noise from banging, doors slamming and shouting.
  1. Mr C also complained about the Council’s consideration of an associated planning application to change the use of the neighbouring property from a family dwelling to a supported living home for up to six tenants.

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What I have investigated

  1. I have investigated Mr C’s complaint the Council failed to properly investigate and take appropriate action in response to his reports of noise nuisance from a neighbouring property. Mr C says because of the Council's fault he suffers unacceptable noise from banging, doors slamming and shouting.
  2. The final section of this statement contains my reason(s) for not investigating the rest of the complaint.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
  3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
  4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

  1. I read the papers provided by Mr C and discussed the complaint with him. I have considered some information from the Council and provided a copy of this to Mr C after removing confidential third-party information. I have explained my draft decision to Mr C and the Council and provided an opportunity for comment.

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What I found

  1. The Environmental Protection Act 1990 provides that Local Authorities must take such steps as are reasonably practicable to investigate where a complaint of a statutory nuisance is made. For a noise to count as a 'statutory nuisance' it must:
  • unreasonably and substantially interfere with the use or enjoyment of a home or other premises
  • injure health or be likely to injure health
  1. Generally, the statutory nuisance will need to be witnessed by a suitably qualified officer and they will come to an independent judgement. The process of deciding what level of noise constitutes a nuisance can be subjective. The level of noise, its length, timing and location may be considered in deciding whether a nuisance has occurred. If an officer decides a statutory nuisance is happening, or will happen in the future, councils must serve an abatement notice. This requires whoever is responsible to stop or restrict the noise. If someone does not comply with an abatement notice they can be prosecuted and fined.
  2. It is open to members of the public to bring their own case to the Magistrates Court and ask it to serve an abatement notice.
  3. Those served with an abatement notice can appeal to a Magistrates Court. In certain cases, people who have used the best practicable means to stop or reduce the noise nuisance may be able to use this as grounds for appeal or a defence if prosecuted. Best practicable means involves having regard to local conditions and circumstances, the current state of technological knowledge and financial implications.

Key events

  1. Mr C lives next door to a property which has planning permission for use as a supported living home for up to six tenants.
  2. The Council received an anonymous report about noise from doors banging at the above property in February 2018 shortly after the home was in use.
  3. The Council’s website explains it cannot take action about what is considered to be ordinary domestic noise.
  4. The Council received three reports in February from Mr C of noise from loud talking, shouting and doors slamming at the home. The Council also received a report in May from Mr C of noise from banging and jumping. The Council did not witness noise that could constitute a statutory nuisance. The Council did not receive reports from any other neighbours.
  5. Mr C subsequently contacted the Council about the behaviour of the tenants at the property. A Council officer met Mr C to view video evidence from his CCTV on 10 September 2018. This identified tenants leaning over the garden fence into Mr C’s garden. The Council raised this issue with the operator of the home. The operator agreed to increase the fence height between the properties. It is understood the fitting of the fencing has not been agreed between the parties. This would be a civil matter between the property owners.
  6. Mr C contacted the Council again at the end of December 2018 to report noise from banging on walls and loud thumping and in January 2019 to report screaming and shouting. The Council visited the property but did not witness any noise that could constitute a statutory nuisance.
  7. Mr C made a further report of noise from banging on walls in January but when the Council telephoned to ask if the noise was still ongoing Mr C confirmed it had stopped. Mr C made one report about loud music when there was no officer on duty as the report was on a Monday night when the noise team do not provide a service.
  8. The Council has confirmed its Noise Nuisance Team have not witnessed any statutory noise nuisance in response to Mr C’s reports but only general or domestic noise. The Council wrote to Mr C to confirm it could not take action about what was considered to be normal domestic noise on 22 March 2019. The Council confined if it received no further reports it would end its involvement after 28 days.  
  9. Based on the information provided, I am satisfied the Council responded to Mr C’s reports of noise appropriately, but it has not been able to establish a statutory nuisance. The Council has advised Mr C in writing of the reasons it does not propose further action.

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Final decision

  1. I have completed my investigation as I have found no evidence of fault by the Council in the way it responded to Mr C’s reports of noise nuisance.

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Parts of the complaint that I did not investigate

  1. I have not investigated the Council’s consideration of the planning application as it is caught by the restriction set out in paragraph 8 above. This is because Mr C made an application for judicial review about the Council’s decision to grant planning permission and the court action started at the point he applied to the court.

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Investigator's decision on behalf of the Ombudsman

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