Summary: We will not investigate this complaint about the Council’s response to Ms X’s reports of noise nuisance from neighbours. This is because we are 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 refused to investigate and take action in relation to her complaints of noise nuisance from neighbours living above her. She says its refusal to assist her is discrimination and a breach of her human rights.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. Ms X complained to the Council about noise nuisance from neighbours living above her. The Council investigated, reviewed the information it held on file and clarified details with Ms X but having done so it decided the type of noise Ms X complained about was everyday living noise and not a statutory noise nuisance against which it could take action.
7. While Ms X may be disappointed with the Council’s decision, it is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. The Council satisfied itself it was able to make a decision on Ms X’s case without the collection of any further information or the installation of noise recording equipment. There is no evidence to suggest fault affected its decision.
8. Ms X complains about discrimination and a breach of her human rights but no evidence has been provided to support her allegations or to suggest that such issues are engaged here.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman