Summary: Mr X complained about the Council’s failure to take action over his complaints about noise nuisance. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council failing to take action against the owners of neighbouring property which he says is generating low frequency noise. He says the Council is inadequately trained and equipped to monitor the noise and that it has a duty to resolve the problem.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

6. Mr X complained about low frequency noise affecting his home in 2020. The Council offered to contact the housing association which owns the property but it says Mr X made his own enquiries with his neighbour. The Housing association later was in contact with the Council and nothing further came of this. Later in 2020 Mr X again complained to the Council about noise but said it was from nearby wind turbines.
7. The Council visited the site twice, but no noise issues could be identified with the turbines and no further complaint about them was made so the case was closed. The energy company owning the turbines later carried out noise measurements but no significant noise was identified.
8. Mr X made another complaint about noise from his neighbour later that year. The Council worked with the housing association landlord and installed noise recording equipment in 2021. The recordings did not indicate any noise which the Council’s officers would consider to be a statutory nuisance.
9. Statutory nuisance is determined by Council officers using their professional experience and a variety of considerations. There is a duty to investigate complaints about noise nuisance but no duty to take action if no statutory nuisance is identified.
10. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process. We cannot determine whether or not a statutory nuisance exists.

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Final decision

We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman