Summary: We will not investigate this complaint about the Council’s investigation of a complaint about noise nuisance. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s investigation of his complaint about loud music from premises next door to where he lives. He says the investigation was not sufficiently scientific and that he remains disturbed by the noise.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

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

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My assessment

5. Mr X reported disturbance from music in a neighbouring property to the Council. It investigated his reports and officers visited his home and the premises where the noise was coming from. It says the management of the building co-operated with its investigation and moved speakers away from the ceiling and party walls where sound might transmit directly.
6. The Council concluded that the level of noise in Mr X’s home did not meet the threshold to be considered as a statutory nuisance. This was partly because although the noise was not loud at source, the sound insulation between the buildings is poor and could not be moderated by the serving of a notice.
7. If the Council had considered the issue to be a statutory nuisance it would be required to serve an abatement notice. There is no duty to serve a notice if the Council decides there is no statutory nuisance, as in this case. It isn’t our role to say whether noise complained about is a nuisance in law or whether action must be taken to reduce it. When considering complaints, we may not question whether the decision the Council has made is right or wrong or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault.

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Final decision

8. We will not investigate this complaint about the Council’s investigation of a complaint about noise nuisance. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman