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

The complaint

1. Ms X complains about the Council’s response to her reports of noise nuisance by neighbours. She says it has not taken her seriously and that her access to the Noise App, used by the Council for the recording of noise, was blocked. She wants the Council to install noise monitoring equipment in her home and to listen to recordings she has made on her phone.

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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 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, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (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 her complaint.
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 next door neighbours. The Council sent standard letters to both Ms X and the neighbours she had complained about. Ms X provided noise diary sheets but was advised the Council would require more impartial evidence and that in advance of considering installing noise monitoring equipment, it asked her to use the Noise App to record examples of the noise she was complaining about.
7. Ms X confirmed she could use the App, having done so before, and the Council told her if it did not receive any App recordings within two weeks it would close the case. The Council heard from Ms X who said she had been unable to use the App but had recorded evidence on her phone. She was told this was not admissible evidence and was given more time to provide Noise App recordings. No recordings were received and the Council closed the case.
8. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. While Ms X may be disappointed by the Council’s decision, there is no evidence to suggest fault affected it.
9. The Council’s response at Stage 1 and Stage 2 of its complaints procedure was confusing with regard to when it might install noise recording equipment but this did not affect the outcome of Ms X’s complaint. In accordance with its normal procedures installing noise equipment might be considered after the Council has received and considered Noise App recordings. Ms X was given the opportunity to use the Noise App but did not do so despite having used it before and despite having been told her phone recordings were not a suitable alternative.
10. If Ms X wishes to complain about current noise problems then it is open to her to contact the Council again with details and it can consider whether reopening access to the Noise App is appropriate.

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Final decision

11. We will not investigate Ms 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