Tameside Metropolitan Borough Council (22 007 302)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 05 Oct 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council investigate reports of noise. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, who I will call Mr X, complains about loud music coming from a local business near his home. Mr X says the Council installed noise monitoring but colluded with the person making the noise so that they did not play music whilst recording was taking place. Mr X wants the Council to issue the business with an abatement notice.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council. The Council acted appropriately by installing noise monitoring equipment. The recordings were subsequently analysed but no evidence of a noise nuisance was found. The Council has offered to install noise monitoring equipment again, but Mr X has declined. I appreciate that Mr X says that music is being played too loudly, but the Council cannot take any further action, such as the issuing of an abatement notice, unless it finds evidence of a noise nuisance. Mr X has not provided any evidence to support his claim that the Council and business owner has colluded in this matter.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman