Summary: We will not investigate this complaint about the Council’s alleged failure to properly investigate complaints Mr X has made regarding vibration affecting his property. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council has failed to properly address vibration coming from a nearby property which is causing him stress and physical discomfort.

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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 Mr X and the Council
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has complained to the Council on several occasions since July 2023 about vibrations he can feel in his property which he believes are originating from his neighbour’s property.
6. The Council investigated Mr X’s complaint and visited his property on several occasions at different times during the day. The Council also visited the neighbour’s property. The Council officers who attended found no evidence of a statutory nuisance. They also found no evidence of machinery or equipment that could be responsible for creating the vibrations at the neighbour’s property.
   The Council therefore closed the case due to lack of evidence.
7. Mr X brought his complaint to the Ombudsman as he was unhappy with its response.
8. The evidence shows the Council has attended Mr X’s property and the neighbour concerned on different occasions and has been unable to find evidence of a statutory nuisance. Without evidence the Council is limited in the further action it can take. An investigation would be unlikely to find fault with the Council’s actions.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman