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

The complaint

1. Miss X complained about the Council’s failure to take sufficient action over her complaint about noise nuisance from her neighbours. She says she has heard banging and DIY noise at different times over a period of weeks and months.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X complained to the Council about noises from her neighbour’s flat on occasions over several weeks. She was advised to submit recordings of the noise via a phone app used by the Council. The Council also advised the neighbours that it had received a complaint about noise without referring to the source.
6. Miss X submitted several recordings, but the Council considered they were everyday noise and did not amount to statutory nuisance. The neighbours also wrote and refuted making any DIY noise. Miss X remained dissatisfied and asked for recording equipment to be installed.
7. Miss X received recording equipment and made 38 recordings which she submitted for analysis by the Council’s Environmental Protection officers. The Council informed her that the recordings had not detected any evidence of a statutory nuisance and the case was closed as the Council decided it could take no further action.
8. We may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. Instead, we focus on the process by which the decision was made. In this case the Council followed the correct procedure and it did not identify a nuisance which it could act on.

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Final decision

9. We will not investigate this complaint about noise nuisance. 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