Summary: We will not investigate this complaint about the way the Council investigated reports of noise. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains she is disturbed by low frequency noise and vibrations from her neighbour’s home. Ms X says the Council has not properly investigated her reports and did not use equipment that could record the noise.

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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))
3. 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)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

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My assessment

5. Ms X says she, and her son, can hear a low frequency hum, and feel vibrations, from her neighbour’s property. Ms X says the noise is caused by her neighbour placing a fan near the wall. Ms X also alleges the neighbour has hidden the fan and says it does not run off electric. Ms X says the noise disturbs her sleep. She says other people, including the police, have heard the noise.
6. The Council investigated Ms X’s report. An officer visited and could not hear a noise even though Ms X reported hearing it at the time. The Council installed noise recording equipment. Ms X activated the machine 81 times which generated 400 minutes of recordings. The Council analysed the recordings and heard no noise. The Council told Ms X it could not take any action against the neighbour because there was no evidence of noise nuisance. The Council told Ms X she could take legal action against the neighbour although it advised her to get legal advice.
7. Ms X complained the Council had not used a recording device that can record low frequency noise. The Council said it used a calibrated machine which meets the required standards. It explained that any vibrations would cause a noise which the machine would have picked up. The Council confirmed to me that the device it used can record the type of noise Ms X complains of.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council acted appropriately by visiting and installing a noise recording device. The device is capable of recording low frequency noise but it did record any noise and the officer did not hear anything. I appreciate Ms X can hear a noise but the Council cannot take any further action because it has not found evidence of a noise nuisance.
9. Ms X wants someone to turn off her neighbour’s electric and search the house for the gadget causing the noise. If the Council had witnessed excessive noise it could have served a notice requiring the neighbour to stop making the noise. But the Council would not have turned off the power and conducted a search. And, we have no power to carry out searches.
10. I appreciate Ms X disagrees with the Council’s findings but there is no suggestion of fault in the way the Council responded so there is no reason to start an investigation.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman