Summary: We will not investigate this complaint about how the Council responded to reports of noise nuisance. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. Ms X complained about the Council failing to properly investigate her reports of noise nuisance from her neighbours. Ms X complained the Council’s actions were biased because of her race.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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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What I found

Statutory nuisance

5. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’. Typical things which may be a statutory nuisance include:
• noise from premises or vehicles, equipment or machinery in the street;
• smoke from premises;
• smells from industry, trade or business premises;
• artificial light from premises;
• insect infestations from industrial, trade or business premises;
• accumulation of deposits on premises.
6. For the issue to count as a statutory nuisance, it must:
• unreasonably and substantially interfere with the use or enjoyment of a home or other premises; and / or
• injure health or be likely to injure health.
7. There is no fixed point at which something becomes a statutory nuisance. Councils will rely on suitably qualified officers (generally an Environmental Health Officer, or EHO) to gather evidence. They may, for example, ask the complainant to complete diary sheets, fit noise-monitoring equipment, or undertake site visits. The Council needs to take into account the impact the matter reported would have on the average person.
8. Once the evidence-gathering process is complete, the EHOs will assess the evidence. They will consider factors such as the timing, duration, and intensity of the alleged nuisance. The officer(s) will use their professional judgement to decide whether a statutory nuisance exists.
9. Councils can attempt to resolve noise nuisance complaints informally if they think the threshold for a statutory nuisance has not been met.

Assessment

10. Ms X has complained to the Council about noise from her neighbours. The noise is from power tools and parties. Ms X has sent the Council evidence including diary sheets and recordings. Ms X complained to the Council about its lack of action and suggested it was due to her race.
11. The Council has considered Ms X’s reports of noise nuisance and subsequent complaints. It has decided the noise is not a statutory nuisance. The Council has decided it has no powers to act under the Statutory Nuisance Act. It explained its decision to Ms X. It said council officers had responded to each of Ms X’s reports and explained their decisions. It said there was no evidence of racial bias. Council officers had spoken informally to her neighbours who apologised for late-night noise and said this was due to an electrical emergency.
12. The Ombudsman is not an appeal body for people who disagree with a council’s decision. We cannot 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. The Council has considered Ms X’s reports of noise. It has looked at the information available and decided there are no grounds for it to act and that its officers have acted appropriately. While I know Ms X disagrees with the Council’s decision, there is not enough evidence of fault in how the Council has reached its decision for us to investigate.

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Final decision

13. We will not investigate Ms X’s complaint. This is because there is not enough evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman