Summary: We will not investigate this complaint about the Council’s response to Ms X’s report of noise nuisance. This is because there is insufficient evidence of fault in the Council’s actions.

The complaint

1. Ms X complains the Council has failed to take appropriate action following her complaint of noise nuisance. She wants the Council to issue her neighbour with a noise abatement notice.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
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 a neighbour. The Council investigated her concerns. The investigation included reviewing noise diary sheets, a visit to her property from the out of hours team and installing and reviewing noise recording equipment.
7. It concluded there was one incident where the noise witnessed amounted to a statutory nuisance. It sent her neighbour a letter asking them to take action to prevent further incidents of noise nuisance. It said since this letter she had not reported further incidents or requested a further officer visit. The Council concluded that the noise had abated following its letter and so no further action was needed. If offered her access to its noise recording equipment again if she experienced further disturbances going forward.
8. We will not investigate this complaint. The Council has investigated Ms X’s concerns and appropriately considered the evidence gathered. It decided there was insufficient evidence of a statutory nuisance to warrant issuing a noise abatement notice to her neighbour. Although Ms X disagrees with this decision, we are not an appeal body and cannot question a decision taken by a council if they have followed the right steps in reaching that decision. There is insufficient evidence of fault in how this decision was reached to warrant further investigation.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman