Summary: We will not investigate the Council’s decision making on Mr X’s noise complaints. This is because we are unlikely to find fault.

The complaint

1. Mr X complains about the Council’s decision his neighbour is not causing a statutory noise nuisance. Mr X says the Council did not consider all his evidence in its investigation. Mr X also complains about the Council’s poor communication during the complaints process.
2. Mr X says this caused him stress and impacted his and his wife’s emotional and physical wellbeing. He wants the Council to take action against his neighbour and also review its guidelines.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

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

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My assessment

7. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’. For the issue to count as a statutory nuisance, it must:
• unreasonably and substantially interfere with the use or enjoyment of a home or other premises; and / or
• injure health or be likely to injure health.
   
8. The Council investigated and found the noise did not amount to a nuisance. It decided based on noise recordings captured by its specialist equipment. And it explained to Mr X why it could not rely on his own recorded evidence. I will not investigate because there is no evidence of fault in the Council’s decision making.
9. I will not consider the Council’s communications with Mr X as a separate complaint. It is not a good use of public money to consider concerns about the complaints process if we are not looking at the substantive issue.

Final decision

10. I will not investigate Mr X’s complaint because I am unlikely to find fault in the way the Council dealt with Mr X’s reports of noise. I will not consider Mr X’s complaint about the Council’s handling of his complaint as we are not looking at substantive issue.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman