Summary: Ms X complains about the Council’s response to her reports of noise and nuisance from builders working on her neighbour’s property. We will not investigate the complaint because an investigation is unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has failed to take action to address noisy and out of hours work by builders at her neighbour’s property. She says it has also not assisted with relocating the neighbour’s air conditioning unit which is too close to her property.

Back to top

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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X complained to the Council about noisy building work outside the accepted hours of 8am to 6pm at her neighbour’s property.
7. The Council spoke to the contractors and undertook weekend and early morning visits but did not witness any noisy works outside the accepted hours.
8. In responding to Ms X’s complaint about the matter, the Council acknowledged that occasional issues may arise such as a delivery outside the accepted working hours but that such instances, when not persistent or unreasonable, would not lead to enforcement action by the Council.
9. With regard to the air conditioning unit, the Council explained that at the time of its writing to Ms X, the unit had not been installed and it could not consider taking enforcement action. It said it had advised the neighbour that planning permission would be required for the unit and this would allow Ms X to comment on the application and the Council to assess its siting and any impact on her.
10. In response to Ms X’s concerns about a vent on the side of the property, the Council said the owner had advised it was not for extraction purposes but for cabling and pipework and that any concern about encroachment over a boundary would be a civil matter with which the Council could not help.
11. While it is clear Ms X has been disturbed by the works undertaken by her neighbour, there is no evidence to suggest fault by the Council. It investigated Ms X’s concerns but found nothing against which enforcement action was warranted. This is a decision the Council is entitled to make and we cannot question the merits of it.
12. If, as the Council advised, an air conditioning unit is installed without the necessary permission, Ms X should report the matter directly to the Council.

Back to top

Final decision

13. We will not investigate this complaint. This is because an investigation is unlikely to find evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman