Summary: We will not investigate Ms X’s complaint about the Council’s response to her reports of noise from the flat above. There is not enough evidence of fault in the way the Council responded to warrant us investigating. There is no different outcome to now be achieved from investigating how the Council updated Ms X about its formal action, or whether it took all steps during that action. Ms X’s complaint about the Council’s housing department are outside jurisdiction. We do not investigate councils’ complaint-handling when we are not investigating the issues which gave rise to the complaint.

The complaint

1. Ms X lives with her daughter Ms Y in a leasehold flat. Work was going on in the flat above, much of it out-of-hours. Ms X complains the Council:
1. failed to fully address her concerns about the noise from the flat above;
2. failed to properly follow the process once officers had served a Section 60 Notice under the Control of Pollution Act 1974;
3. failed to check if the work had been done safely;
4. delayed in dealing with her complaints.
2. Ms X says the noise affected her and Ms Y’s mental health, caused headaches, anxiety and restlessness. She says they have not had quiet enjoyment of their home and have spent time and been caused trouble by having to report the noise and complain to the Council.
3. Ms X wanted the Council to stop the out-of-hours noise, make sure there are consequences for those making the noise, and properly apply the rules to the flat’s owner.

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The Ombudsman’s role and powers

4. 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating; or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

5. We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

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How I considered this complaint

6. I considered information provided by Ms X and the Council, and the Ombudsman’s Assessment Code.

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My assessment

7. While not responsible for the noise, the Council’s role was to take action to control the noise nuisance Ms X and Ms Y reported. We would expect a council to respond to noise reports in a timely way and take action using its discretionary powers where they find it appropriate and proportionate. We can only criticise a council’s decision on the action it takes, or when it decides not to act, if there is fault in the process officers followed when deciding what to do which would have affected their decision.
8. I can understand Ms X’s annoyance and upset caused by the noisy works done late at night and early in the morning in the flat above. But on receipt of the reports, the Council visited and witnessed a noise which led to officers serving a formal notice on the flat’s owners under Section 60 of the Control of Pollution Act 1974. The 1974 Act does not require the noise identified to be a statutory nuisance so is a broader power councils can use in noise incidents. Officers visited, witnessed the problem and took formal action by serving the notice, which placed appropriate controls on the out-of-hours noise from the works. There is not enough evidence of fault in the way the Council investigated and responded to Ms X’s noise reports here to warrant us investigating.
9. After the Council served the notice, Ms X told officers she had not experienced the same noise as before outside the working hours set out on the notice. She says there was some noise, such as items being dragged around in the flat, but it appears did not report them. Had she done so, it would have been for the Council to investigate whether the noise was part of the renovation works. But we cannot say it was fault for a council to not investigate where a noise is not reported.
10. I note Ms X says the Council did not keep her updated on the actions it had taken in response to her reports, such as its interviewing the flat’s owners and seeking a likely finish date for the works. She says officers have sought to blame this on her daughter’s request for their complaint to be treated as anonymous. It would have been preferable if officers had given Ms X and Ms Y more information about their actions at the time. But officers have now confirmed they did interview the flat owners at the time of the notice. An investigation of any Council fault in not seeking a likely end date for the works or updating Ms X and Ms Y would not provide a different or worthwhile outcome for Ms X now the works have finished.
11. Part of Ms X’s complaint is about the role of the Council’s housing department regarding the noise issue, and her concern for the safety of works in the flat above. Ms X has concerns the works might affect the property she leases below. These are both housing management issues. They are not within our jurisdiction. Ms X may wish to pursue this aspect of her complaint with the Housing Ombudsman, who may advise on whether it is a matter for their jurisdiction.
12. Ms X says the Council delayed in dealing with her complaint. There are points in the process where the Council appears to have missed deadlines for its responses. But we do not investigate complaints about councils’ own complaint processes in isolation, where we are not investigating the core issue which gave rise to the complaint. It is not a good use of our resources to do so. That limitation applies here so we will not investigate this aspect of Ms X’s complaint.

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Final decision

13. We will not investigate Ms X’s complaint because:
• there is not enough evidence of fault in the Council’s response to the noise issue to warrant investigation;
• there is no different outcome to be achieved from investigating whether the Council updated Ms X about its formal action, or whether it took all steps during that action;
• parts about housing management issues are outside our jurisdiction;
• we do not investigate councils’ complaint-handling in isolation when we are not investigating the issues which gave rise to the complaint.

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Investigator's decision on behalf of the Ombudsman