Summary: Miss X complained the Council did not do enough about her neighbour’s dog barking. There was no fault with the Council’s actions as it followed the correct procedures.

The complaint

1. Miss X complained the Council did not do enough when she reported noise caused by her neighbour’s barking dog. She said when the Council did get involved it made the situation worse as the neighbours began harassing her and being aggressive.

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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 have considered Miss X’s complaint and have spoken to her about it.
5. I have also considered the Council’s response to Miss X and to my enquiries.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The law

Domestic noise nuisance legislation

7. The Council’s policy sets out the standard working practices followed by the Council when it receives a report of a potential noise nuisance.
8. Firstly, the Council contacts the customer to discuss the case. The Council then decides the best approach to investigate and gather evidence. This may include:
• Referring the resident to the out of hours noise service, whereby the reported issue can be witnessed.
• Sending a noise pack with log sheets to the customer.
• Using a Council officer to witness the problem.
• Use of noise app.
• Installing noise recording equipment.
• Advising the alleged source of the complaint and inviting their comment.
9. If there is insufficient evidence to determine statutory nuisance, and the nuisance has not been witnessed, there is no further action the Council can take.

What happened

10. Miss X reported to the Council that her neighbour’s barking dog was a nuisance in August 2021. The Council acknowledged Miss X’s report and issued her with a noise log to record the incidences. The Council installed noise recording equipment in Miss X’s property to capture the noise.
11. The Council reviewed the noise logs and recordings and informed Miss X that there was no pattern to the barking. It explained this made it difficult for the Council to visit the property and witness the noise.
12. In April 2022, the Council asked Miss X to continue to log the occasions when the dog barked.
13. In May, the Council agreed to carry out three visits to Miss X’s property. An email log shows that Miss X and the Council struggled to agree specific dates and times.
14. Miss X moved out of her property in June 2022. The Council had not completed it investigation at this point, and the case remains open.

My findings

15. The Council had not completed its investigation into Miss X’s noise complaint when Miss X moved house. Up until this point, the Council had sent log sheets and installed recording equipment and was in the process of arranging visits to witness the noise.
16. There was no fault with the Council’s actions as it was following procedure to gather evidence before reaching a decision as to whether the noise was a statutory nuisance.

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Final decision

17. I have completed my investigation. There was no fault with the Council’s actions leading up to the point where Miss X moved out of the property.

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Investigator's decision on behalf of the Ombudsman