Summary: We will not investigate this complaint about way the Council dealt with a complaint about noise nuisance. There is not enough evidence of fault in the Council’s actions.

The complaint

1. The complainant, I shall call Mr X, complains that in response to his complaint about noise nuisance the Council:
• was rigid with out of hours noise monitoring
• adopted a one-size fits all approach
• failed to approach the investigation with a view the noise being malicious; and
• displayed unconscious bias toward the matter being a health issue.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X complains the Council has failed to properly consider his complaint about low frequency noise nuisance perpetrated on him by his neighbour.
6. The Council confirms Officers have visited Mr X’s home and have not witnessed any noise nuisance. It also confirms it has installed noise monitoring equipment in Mr X’s home. This has not picked up any noise which could be considered a statutory nuisance.
7. Mr X complains the low frequency noise he is hearing cannot be heard by many people. Nor can it be picked up by the noise monitoring equipment.
8. The Council confirms no noise has been identified which is the usual range of human hearing. It has not been possible for it to determine that a statutory nuisance exists.

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Final decision

9. We will not investigate Mr X’s complaint because the there is no evidence of fault in the way the Council has considered his complaint. I understand Mr X wants the Council to provide an acoustics company to investigate his concerns of low frequency noise as the Council’s equipment cannot pick the noise up. However, there is no requirement on the Council to do so.
10. The Council has also advised Mr X of his right to take private action against an alleged nuisance in the magistrates’ court. If the court decides they are suffering a statutory nuisance, it can order the person or people responsible to take action to stop or limit it.

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Investigator's decision on behalf of the Ombudsman