Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against Mr X’s neighbours’ construction works. This is because we are unlikely to find evidence of fault by the Council enough to warrant an investigation.

The complaint

1. Mrs X complains the Council has failed to take enforcement action against neighbours whose construction work at their property is having a negative impact on her and her family’s lives.

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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. Following reports of noise, the Council installed noise monitoring equipment in Mrs X’s home more than once. Mrs X confirms she chose where to place the equipment.
6. The Council confirms the recordings from the equipment did not show a statutory noise nuisance. Therefore, it cannot take enforcement action against her neighbours.
7. I understand Mrs X believes the Council should have placed a condition on the planning permission to prevent her neighbours from working at certain times. However, the Council did not and there is no requirement for it to do so.
8. There is no limit in law on how long construction work should take and it is accepted that, by their nature, such works will have some impact on those living nearby.
9. I understand Mrs X is dissatisfied with the Council’s decision, but there is no evidence to suggest fault in the way it was made.

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Final decision

10. We will not investigate Mrs X’s complaint because we have not seen enough evidence of fault in the Council’s actions to justify an investigation.

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Investigator's decision on behalf of the Ombudsman