Summary: Mr G complains the Council failed to properly investigate reports of a noise nuisance. The Ombudsman has completed the investigation and not upheld the complaint. There is no evidence of fault by the Council.

The complaint

1. The complainant (whom I refer to as Mr G) says the Council has failed to properly investigate his reports of a noise nuisance caused by a neighbour.

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What I have investigated

2. I have looked at events from August 2019 onwards. I explain below why I am not investigating events going back to 2016.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised this includes the tenancy management by a Social Housing Landlord. (Local Government Act 1974, section 24A(1), as amended)
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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)
6. 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)

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How I considered this complaint

7. I have considered the information provided by Mr G. I asked the Council questions and examined the relevant case file papers.
8. I shared my draft decision with both parties.

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What I found

What happened

Background to the complaint

9. Mr G has made several noise complaints to the Council from 2016 to early 2019. He can hear his neighbour talking, belching and playing music. The Council has investigated and advised Mr G in 2017 the issues raised were not for the Environmental Health Team. There appeared to be insufficient noise insulation at the property and Mr G should contact his Social Housing Landlord. The Council had not found anything that constituted a statutory noise nuisance and therefore could not take enforcement action.

Events I have investigated

10. On 6 April 2020 Mr G told the Council he could still hear his neighbour belching, talking, banging doors, etc. His Landlord would not assist him until the Council installed a noise recorder. An Officer responded the next day and reiterated that such matters were not a statutory noise nuisance and there was no investigation the Council could do.
11. Mr G subsequently complained to the Council and said it should install a noise recorder. The Council replied on 16 September. It set out the background to the case and repeated its decision that any incidents were due to a clash of lifestyles and poor sound insulation. Those were for Mr G’s Landlord to consider rather than the Council. A noise recorder would only be installed where the Council suspected there may be a statutory noise nuisance and further investigation work was needed: that did not apply to Mr G’s case.
12. On 9 November Mr G reported building noise to the Council. An Officer visited the neighbour later that day. They noted that building works were almost complete. There was no statutory noise nuisance. The Officer spoke to Mr G on 13 November and explained why the case was closed.

What should have happened

13. The Council can investigate reports of noise nuisance. When a report is received it is allocated to an Officer in Environmental Health. They will assess whether the noise is relating to “reasonable general living noise”. If it is, the case will not be investigated. If the case requires further action the Council will usually ask the complainant to complete a log sheet. The Officer can also carry out a site visit to witness the noise. The Council uses digital noise recorders to help witness noise. Recorders are only installed where the Council needs further evidence to reach a view on a statutory noise nuisance. Statutory noise nuisance is assessed by an Officer taking account of the type of noise, volume, time of day, duration and frequency. If the Council determines there is no evidence of a statutory noise nuisance it will close the investigation and advise the complainant.

Was there fault by the Council

14. Mr G wants the Council to take action against his neighbour for a statutory noise nuisance. The evidence shows me the Council has acted in line with its policies and procedures. It has advised Mr G the type of noise he reports does not constitute a statutory noise nuisance and is for his Landlord to attend to. I understand Mr G wanted a noise recorder installed. Again, there is no duty on the Council to do so because the noise reported would not be a statutory nuisance. In respect of the November 2020 report about building noise the Council did investigate promptly and found no evidence of a noise nuisance. It completed that process without fault.
15. I appreciate Mr G strongly disagrees with the Council’s decisions on his case. However, the Ombudsman will not question the merits of those decisions because there is no evidence of fault.

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Final decision

16. I have completed the investigation and not upheld the complaint.

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Parts of the complaint that I did not investigate

17. Mr G refers to events going back to 2016. The Ombudsman expects a complaint to be made within 12 months of the matters arising and I have looked at recent incidents only.
18. Mr G also refers to potential tenancy management issues. I have advised him those matters fall outside of our jurisdiction and are for the Housing Ombudsman to consider.

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Investigator's decision on behalf of the Ombudsman