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

The complaint

1. Mr X complains the Council has ignored the severity of noise from his neighbours’ children screaming and using play equipment in their garden. He says the volume of noise meant he could not use his garden and his mental health has been affected.

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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, including the Council’s 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 that he was being subjected to excessive noise from his neighbours’ children playing on equipment erected in their garden.
7. The Council listened to the noise app recordings Mr X had made but it decided the noise did not meet the threshold for the Council to take action. It explained that children playing in their garden at the times recorded by Mr X would not be regarded as unreasonable or a statutory nuisance.
8. While Mr X may be disappointed with the outcome to his complaint, it is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
9. Mr X’s noise reports and recordings were considered by the Council but it decided to take no further action. This is a decision the Council is entitled to take and there is no evidence to suggest fault affected it.

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Final decision

10. 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