Summary: We will not investigate this complaint about the Council’s handling of Mr X’s reports of noise nuisance from a business close to his home. 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 about the Council’s handling of his reports of noise nuisance from a business close to his home. He says it is wrong in deciding the noise does not amount to a statutory nuisance and that the noise it considered was unrepresentative of the normal noise levels and duration he experiences.

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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 made once a week by a business close to his home during the night which he said disturbed his and his family’s sleep.
7. The Council investigated but in the professional judgement of officers decided the noise did not constitute a statutory nuisance. It explained that this did not mean the noise was not audible but that it was not serious enough to be considered a statutory nuisance. It advised Mr X it was open to him to take his own action through the Magistrates Court.
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 council decisions if they have followed the right steps and considered the relevant evidence and information. The Council investigated and came to a view based on the evidence available.
9. While the outcome of the Council’s investigation is disappointing for Mr X, 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