Summary: The Council failed to investigate whether noise from
Mrs X’s neighbour was a statutory nuisance. This is fault. The Council should investigate the possible nuisance, apologise to Mrs X, and pay her £350.

The complaint

1. Mrs X complains the Council has failed to properly investigate her reports of significant noise nuisance from a neighbouring property.
2. Mrs X says a resident of the property screams and bangs violently. Mrs X says this causes her and her family significant distress.

Back to top

The Ombudsman’s role and powers

3. 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)
4. 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)

Back to top

How I considered this complaint

5. I spoke to Mrs X about the complaint.
6. I made written enquiries of the Council and considered its response along with relevant law and guidance.
7. I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.
8. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Statutory Nuisance

9. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’. (Environmental Protection Act 1990, section 79(1))
10. Typical things which may be a statutory nuisance include:
• noise from premises or vehicles, equipment or machinery in the street
• smoke from premises
• smells from industry, trade or business premises
• artificial light from premises
• insect infestations from industrial, trade or business premises
• accumulation of deposits on premises
11. For an issue to be a statutory nuisance, it must:
• unreasonably and substantially interfere with the use or enjoyment of a home or other premises; and/or
• injure health or be likely to injure health.

Background

12. Mrs X lives next door to an independent living scheme. The tenants of the scheme are two adults with severe learning disabilities.
13. Mrs X says one tenant screams and bangs violently on windows and walls. This happens both during the day and at night.
14. Mrs X says the noise is distressing to her and her family. The impact on the family increased during the summer of 2020, when the resident would spend long periods in the garden.
15. Mrs X complained to the Council in December 2019 about noise from the scheme.
16. The Council’s complaint response advised Mrs X she could contact the Council’s Environmental Health department to report a statutory nuisance.
17. Mrs X did not contact Environmental Health. She says she had no reason to think complaining to a different department of the same council would achieve a different outcome.

My findings

18. The EPA says a council must investigate when it receives a complaint about a statutory nuisance. The Council says it advised Mrs X about how to report a noise nuisance. It says she did not do so.
19. However, in December 2019, the Adult Social Care officer dealing with the complaint contacted the Environmental Health department for advice. At this point, the Council was aware of a possible statutory nuisance. It had a duty to investigate, irrespective of whether Mrs X contacted the Environmental Health department directly. It did not do so. This is fault.
20. Mrs X says the noise increased significantly through the summer of 2020. If the Council had investigated in December 2019, this might have been avoided. Mrs X must live with this uncertainty.
21. The Council should have redirected Mrs X’s complaint to Environmental Health internally. Instead, it continued to deal with it as a complaint about Adult Social Care. This is fault. As a result, Mrs X went to unnecessary time and trouble continuing a complaint which could not achieve the outcome she wanted.
22. The Council should now investigate whether there is a statutory nuisance. It should also apologise to Mrs X and pay her £350 in recognition of her unnecessary uncertainty and time and trouble.

Agreed action

23. To remedy the injustice to Mrs X from the fault I have identified, the Council should:
• Apologise to Mrs X in writing;
• Pay Mrs X £350; and
• Investigate whether there is a statutory nuisance.
24. The Council should take this action within four weeks of my final decision.
25. The Council should also take the following action to improve its services:
• Remind relevant staff of the duty to investigate statutory nuisances;
• Coordinate complaints to ensure the most appropriate officer or department responds.
26. The Council should tell the Ombudsman about the action it has taken within eight weeks of my final decision.

Back to top

Final decision

27. I have completed my investigation. The Council is at fault. The action I have recommended is a suitable remedy for the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman