Tendring District Council (22 017 365)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 01 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to the complainant’s reports of noise nuisance from neighbours. This is because the complaint does not meet the tests set out in our Assessment Code. We are unlikely to find evidence of fault by the Council.
The complaint
- The complainant, I shall call Mrs X, says the Council refuses to take action against her neighbours, who are residents of a care home, for noise nuisance.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the Mrs X, including the Council’s responses to her complaints.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained to the Council about noise nuisance from residents living in a residential care home next door. The Council visited the home. Officers advised the noise occurs when an individual is allowed to play with water in the garden.
- Having investigated the Council decided the type of noise Mrs X complains about is everyday living noise and not a statutory noise nuisance against which it can take action.
- I understand Mr X is disappointed with the Council’s decision, but the Ombudsman is not an appeal body. 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 Mrs X’s complaint following an investigation and evidence from visiting the home. There is no evidence to suggest fault affected its decision.
Final decision
- We will not investigate Mrs X’s complaint because it does not meet the tests set out in our Assessment Code. We are unlikely to find fault in the way the Council considered her complaint.
Investigator's decision on behalf of the Ombudsman