Summary: Mr X complains about how the Council handled his noise complaint. I have concluded my investigation having found fault in how the Council handled Mr X’s noise complaint. There were unreasonable delays throughout the process, and this caused an injustice to Mr X. The Council have agreed to the recommendations proposed.

The complaint

1. Mr X complains about how his noise complaint was handled by the Council. Mr X says there were unreasonable delays, and the Council missed opportunities to assist or take appropriate action to stop the noise. Mr X would like the Council to make a financial award for the time and trouble endured throughout the process.

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The Ombudsman’s role and powers

2. We investigate complaints about 'maladministration' and 'service failure'. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as 'injustice'. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation's actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I spoke with Mr X and considered the information he provided. I made enquiries with the Council and considered its comments and the documents it sent. I sent Mr X and the Council a copy of my draft decision and considered any comments made.

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What I found

Relevant guidance and legislation

5. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential statutory nuisances. A nuisance is defined as something which unreasonably interferes with someone else's enjoyment of their home or garden. Noise and fumes can be statutory nuisances.
6. For a council to consider something a statutory nuisance, it must:
• unreasonably and substantially interfere with the use or enjoyment of a home or other premise; and / or
• injure health or be likely to injure health.
7. Under the EPA, a council must take 'all reasonable steps' to investigate complaints about potential statutory nuisances.
8. There is no fixed point at which a nuisance becomes a statutory nuisance. Councils will rely on suitably qualified officers to gather evidence. The Council should consider the type, duration, intensity, and location of a nuisance when deciding if it is a statutory nuisance.
9. Once the evidence-gathering process is complete, the environmental health officer(s) 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.

The Council's noise investigation procedure

10. Where a report is made pertaining to a noise nuisance, and it is not a major one-off problem, the Council will request that diary sheets be completed.
11. If the diary sheets are not returned within 4 weeks then no further action is taken. If the diary sheets are returned but do not give sufficient evidence to establish a problem then the Council will advise the customer that no further action is possible.
12. If the diary sheets are returned and do suggest that a problem exists then the Council contacts those affected by the noise, the person causing the problem, and any other neighbours who may be affected. The Council can send a noise nuisance warning letter to the person responsible for the noise, informing them that it may investigate any further noise complaints.
13. If the noise occurs at set times then the officer can make, where appropriate, a series of programmed visits. Where the noise is of short duration, sporadic, or difficult to witness, the officer can consider the use of recording equipment to gather evidence to help determine a nuisance (see procedure for recording equipment).
14. Where an officer is of the opinion that a nuisance exists and likely to recur then, with residential properties, they must serve an abatement notice. If the Council does not feel that sufficient evidence is available to warrant the service of a notice, then several options are available depending on the circumstances. The Council can refer the case to the housing associations, to the Mediation Service, or consider setting noise levels.

COVID-19 pandemic

15. From March to May 2020, England was in the first of three national lockdowns. People could only leave their home for limited purposes including travelling to and from work, but only where this was necessary. In May 2020, the Government said people who could not work from home should return to the workplace. In September 2020, the Government announced new restrictions including working from home. A second national lockdown came into force from November to December 2020. The third national lockdown was in place from January to March 2021.

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What happened

16. I have included below some of the key events which took place. This is not intended to be a detailed account of everything that took place.
17. In January 2021, Mr X made his initial noise report to the Council regarding loud music being played by his neighbour. In response to this, the Council sent Mr X's neighbour a Noise Warning letter.
18. In January 2021, Mr X made a further three noise reports to the Council. In response to this, the Council sent Mr X's neighbour a Noise Warning letter in late January 2021.
19. In February 2021, Mr X made a further noise report to the Council. The Council wrote to Mr X, advising that it was unable to take any further action until the COVID-19 restrictions were lifted, but that he should continue to make any further reports of noise.
20. In March 2021, Mr X made a further two noise reports to the Council. In response to this, the Council sent Mr X's neighbour two Noise Warning letter in late March 2021.
21. In April 2021, Mr X made a further two noise reports to the Council.
22. In May 2021, the Council made an 'out of hours' visit to the site Mr X reported noise from. The Council reported that it had not witnessed any noise from the neighbouring property.
23. Later in May 2021, the Council installed noise recording equipment in the living room of Mr X's property. The Council says Mr X's wife gave instruction on where the noise recording equipment should be installed but Mr X disputes this.
24. Due to technical issues with the noise recording equipment, it was not correctly set up until mid-June. The Council collected noise recordings for two weeks and retrieved the equipment at the end of June 2021.
25. Mr X chased the Council for an update in July 2021. The Council advised Mr X that it hadn't yet reviewed the recordings.
26. Mr X chased the Council for an update again in August 2021. The Council advised Mr X that it was experiencing IT issues and would arrange to listen to the recordings as soon the data was available.
27. Mr X chased the Council for an update again in September 2021. The Council advised Mr X that it was still experiencing IT issues and had not yet reviewed the noise recordings.
28. In October 2021, Mr X requested a copy of the noise recordings, but the Council advised Mr X that it was not able to provide the noise recordings. Following this, Mr X raised a complaint with the Council.
29. Later in October 2021, the Council advised Mr X that its IT issues were resolved and in November 2021, it advised Mr X that the noise recorded was not sufficient to take enforcement action.
30. In November 2021, the Council offered to reinstall the noise recording equipment in Mr X's bedroom, but Mr X declined the Council's offer.
31. In December 2021, the Council concluded its investigation under its stage 2 complaints process. The Council acknowledged delays in reviewing the noise recording data and awarded Mr X £100.
32. In January 2022, Mr X made a further noise complaint to the Council. The Council again offered to reinstall the noise recording equipment in Mr X's bedroom, but Mr X again declined.

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Analysis

Delays in installing the noise recording equipment

33. In December 2020, England was in its second national lockdown, and the Council suspended all visits to properties. The Council said that noise complaints should still be investigated, and assessments outside should still be undertaken.
34. Although England was in its third national lockdown when Mr X made further noise reports in February and March 2021, the Council had restarted visits to properties in February 2021. The Council said it would prioritise visits to properties where the nuisance could not be assessed from outside and where the reports were not one-off instances.
35. It is acknowledged by the Council in February 2021 that the alleged noise was occurring during the week and not during the times of its 'out of hours' services.
36. Despite the Council acknowledging that its 'out of hours' services would be unlikely to witness the noise, the Council visited the site in May 2021. Despite the Council's own internal guidance that it could restart visits to properties in February 2021, it did not install the noise recording equipment until June 2021, four months later, and this delay amounts to fault.

Installing the noise recording equipment in the living room

37. Mr X and the Council disagree on who suggested the installation location for the noise recording equipment. Mr X says the Council picked the location and the Council says it was instructed by Mr X's wife. It is not proportionate for us to investigate whether it was the Council or Mr X's wife who recommended the noise recording equipment be installed in the living room, as Mr X alleged that he was affected by noise in most rooms.
38. Mr X however did also report that he could not sleep due to the noise, and the Council have acknowledged that it could have given further consideration to the noise reports. The Council says that had it done so, it may have insisted on the noise recording equipment being installed in the bedroom. The Council have since offered to reinstall the noise recording equipment in Mr X's bedroom, but Mr X has declined. Part of the financial award made to Mr X in response to his stage 2 complaint was in recognition of any oversight made by the Council.

Delays in reviewing the noise recording data

39. The Council retrieved the noise recordings in June 2021, and it says IT issues prevented it from reviewing the data until October 2021, four months later.
40. The Council says its IT issues stemmed from staff absence, as it did not have the relevant staff available who had the expertise and knowledge to download and review the noise data. Such delays were unacceptable, and the Council should have resolved the matter sooner or found an appropriate workaround so it could progress its investigation.
41. The Council eventually determined there was insufficient evidence to take further, and so it cannot be said that the delays impacted the Council taking formal action. However, Mr X had to chase the Council for four months, endure uncertainty not knowing whether it could take action, and eventually having to complain before it resolved the matter, and this is fault leading to an injustice. Part of the financial award made to Mr X in response to his stage 2 complaint was in recognition of any delays by the Council.

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Summary

42. The Council's investigation was delayed by over 8 months, stemming from its decision not to install noise recording equipment sooner and delays in reviewing the noise recording data. The financial award of £100 made to Mr X is an insufficient remedy.

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Agreed actions

43. To resolve the matter and prevent similar issues occurring, the Council will:
1. Explain what it will do to prevent staff absence preventing the download and review of noise data.
2. Pay Mr X an additional amount of £100. This is to acknowledge uncertainty and frustration from the delays, and for the time and trouble spent chasing matters and complaining to the Council.
44. The Council has agreed to complete action a and b within two months of the Ombudsman's Final Decision.

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Final decision

45. I have completed my investigation having found fault in how the Council handled Mr X's noise complaint. The Council has agreed to the recommendations proposed.

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Investigator's decision on behalf of the Ombudsman