Summary: We will not investigate this complaint about the Council’s handling of Mr X’s noise nuisance complaints. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has failed to take action to address the noise nuisance he is experiencing from neighbours’ barking dogs.

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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 how the organisation made its decision, 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 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about noise nuisance from the barking of neighbours’ dogs.
7. The Council spoke to Mr X and sent him diary sheets and information on the noise app and it sent letters to the properties concerned to advise a complaint had been received. The Council also carried out site visits and offered Mr X the installation of noise monitoring equipment three times which Mr X turned down. Having completed its investigation, the Council concluded the existence of a statutory noise nuisance had not been established and it closed the case.
8. It is not our role to act as a point of appeal in cases where councils make decisions with which complainants do not agree. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. While Mr X may be dissatisfied with the outcome of his complaint to the Council, there is no evidence to suggest fault by the Council in its handling of the matter.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman