Summary: We will not investigate this complaint about the Council’s refusal to deal with reports of noise from the complainant’s neighbour. We have not seen evidence of fault which justifies an investigation and further investigation is unlikely to lead to a different outcome. Also, it is reasonable to expect the complainant to contact the Information Commissioner’s Office if he believes the Council has failed to provide him with information he is seeking.

The complaint

1. The complainant, I shall call Mr X, says the Council refuses to consider his complaints about noise nuisance from a neighbour.
2. He says this is impacting his health and wellbeing. He wants the Council to:
• take action against the offenders to make them stop operating equipment which he says is causing noise
• remove all machinery and have it checked by the Health and Safety Executive
• enforce building and housing regulations on soundproofing; and
• provide copies of all information about him which has shared with other organisations.

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The Ombudsman’s role and powers

3. 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
• further investigation would not lead to a different outcome
• there is another body better placed to consider this complaint

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

4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X complains the Council refuses to take action to stop the noise nuisance which he says is caused by his neighbour. A previous complaint to the Ombudsman about the same matter led to the Council agreeing to repeat “recent offers to provide recording equipment… and following the results of any noise recording decide whether to serve an abatement notice”.
8. The Council provided Mr X with a noise app so he could record incidents of noise. However, the Council established there was no actionable noise recorded.
9. In response to Mr X’s repeated noise complaints the Council offered to install more sensitive noise monitoring equipment in Mr X’s home but he has refused to allow this. Mr X says this is because the equipment is not sensitive enough to pick up radiation or low frequencies.
10. The Council has visited Mr X’s home. It has:
• considered recordings made on a noise app
• considered the information provided by Mr X in his incident diaries
• offered to install monitoring equipment
• contacted Mr X’s landlord about the possibility of defective floorboards
• advised Mr X about the process open to him to take his own legal action against his neighbour under section 82 of the Environmental Protection Act 1990
• Confirmed it cannot remove equipment from his neighbour’s flat without any evidence to support such action.
11. The Council has tried to get further evidence by offering to install recording equipment in Mr X’s property. He has refused this offer and the Council has closed his complaint as without recordings from noise monitoring equipment it cannot progress the matter.
12. I have seen no evidence to suggest there has been fault by the Council in its consideration of his complaints.
13. I have seen no evidence to suggest the Council is colluding with the police and his landlord on this matter.
14. Mr X has asked the Council for copies of all information about him which it has provided to any other authority. The Council has confirmed it is dealing with this request. If Mr X believes the Council has not dealt with this request correctly, it is reasonable to expect him to complain to the Information Commissioner’s Office (ICO). The ICO can decide whether the Council has failed to comply with data protection laws.

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Final decision

15. We will not investigate Mr X’s complaint because :
• there is not enough evidence of fault to justify investigating
• further investigation would not lead to a different outcome
• he can complain to the ICO if he believes the Council has not provided him with the information he is seeking.

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Investigator's decision on behalf of the Ombudsman