Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports of noise nuisance. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has failed to take action against the noise nuisance he has reported from various sources close to his home. He says it is ineffective, has not answered his questions and cannot deal with a case which may involve noise from more than one premises.

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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 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
• 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 Mr X, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about business premises close to his home causing a noise nuisance. The Council investigated but decided it could not take action in relation to noise from two of the premises complained about while a third premises remains the subject of an ongoing investigation.
7. It is not our role to act as an appeal body and we cannot question a decision a council has made if it has followed the right steps and considered the relevant evidence and information. While I understand Mr X is disappointed with the Council’s decision, a number of officers have considered the evidence but concluded there is no statutory noise nuisance against which it can take action. It has explained in some detail what its position is and what factors it has to take into account in such cases. It has told Mr X how he can record and report nuisance smells and take his own action through the Magistrates Court against the businesses.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman