Summary: Mrs X complains about the Council’s response to her reports of noise nuisance. We will not investigate the complaint because we are unlikely to add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mrs X, says the Council delayed in investigating the humming noise from a neighbouring property she reported in January 2020 and that it has taken no action to stop it despite the impact on her and her husband’s health.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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. 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Mrs X the opportunity to comment on my draft decision and considered what she said.

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My assessment

7. Mrs X complained to the Council about a humming noise she could hear throughout her house coming from a neighbour’s property. Due to the pandemic, there was some delay by the Council in visiting to assess the noise. However, the Council was later able to enter both properties, carry out noise tests, install sound metres and carry out a thorough inspection of the neighbour’s boiler, heating system and pipework. However, it found no evidence of a statutory noise nuisance against which it could take action.
8. Mrs X complained to the Council and while it apologised it had been unable to attend her property sooner due to the pandemic, it did not uphold her complaint as it had taken her reports seriously and assessed the levels of the noise as well as the cause.
9. While I understand Mrs X continues to be troubled by what she can hear and this must be distressing for her, I do not consider an investigation by the Ombudsman would be likely to add to that already undertaken by the Council or lead to a different outcome.
10. We cannot question the professional judgement of officers or the decisions a council makes if it has followed the correct procedures and considered the relevant evidence and information. I have seen no evidence to suggest there was fault in the Council’s assessment of the noise.

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Final decision

11. We will not investigate this complaint. This is because we are unlikely to add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman