Summary: We will not investigate this complaint about the Council’s handling of reports of statutory nuisances and breaches of planning control at a site next to the complainant’s home. 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 in the way the Council responded.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council failed to properly investigate his reports of noise nuisance/pollution/vibrations and breaches of planning control at a site next to his home. He says the activities on the site cause sleep deprivation and a great deal of stress.

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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 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including their complaint correspondence, and our Assessment Code.

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My assessment

4. I understand Mr X reported his concerns to the Council in late‑January 2021.
5. Since then, the Council says it has asked Mr X to submit completed diary sheets and photographs on a number of occasions. It says these have not been returned, and Mr X’s emailed reports of noise and other issues do not contain sufficient information so are of limited use. The Council made offers in March, April, and June to witness the noise from inside Mr X’s property, but he eventually declined due to COVID-19 concerns. The Council also conducted external visits in March and June but no nuisance or planning breaches were observed.
6. The Council has explained to Mr X that diary sheets are an important component of statutory nuisance and planning enforcement investigations as they guide residents on the level of detail (e.g. time, duration, frequency, impact) the Council needs to assess whether a nuisance or breach of planning control exists, and when it might be appropriate for officers to visit. It has also highlighted the importance of being able to witness any nuisance from where the impact is felt and has offered assurances that a visit inside Mr X’s home would be COVID-19 compliant.
7. I appreciate Mr X feels distressed and frustrated by the activities occurring on the neighbouring site. However, I find there is insufficient evidence of fault in the Council’s handling of his case to justify starting an Ombudsman investigation. In particular, it was entitled to request further information from Mr X to enable a proper assessment of the issues being raised, and it has explained why this information is necessary.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman