Summary: We will not investigate this complaint about the Council’s investigation into reports of noise. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X complains she is being unreasonably targeted by the Council.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mrs X complains she is being unreasonably targeted by the Council following stalking from her neighbour. She says her neighbour has stalked her, trespassed on her property, and lied to the Council. She wants the Council to look at both sides of the matter, the truth, the evidence and to talk to other neighbours.
6. The Council received complaints from two different neighbours saying Mrs X was causing a noise nuisance. It received log sheets, recordings, and photos. The Council issued Mrs X with a community protection warning (CPW) for noise. The restrictions in the CPW were drawn up with input from Mrs X. These set time restrictions on her use of tools for cutting and hammering wood to limit the noise.
7. Mrs X disagrees with her neighbour’s reports. She says she could not have made a noise as her saw has been broken for some time. She also complains her neighbours have trespassed on her property.
8. The Council has a duty to investigate noise reports but cannot control her neighbours. While Mrs X may be unhappy with the action taken by the Council, it is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. The Council investigated matters and decided to issue the Community Protection Warning and there is no evidence to suggest fault affected its decision.

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Final decision

9. We will not investigate Mrs X’s complaint because we are unlikely to find fault in the Council’s investigation of reports of noise, leading to its decision to issue Mrs X with a community protection warning letter.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman