Summary: We will not investigate Ms X’s complaint about the Council’s response to her reports of noise from early morning deliveries to a nearby grocery shop. The Council has taken proportionate steps to investigate and reduce the noise. There is not enough evidence of fault to warrant further investigation.

The complaint

1. Ms X complains the Council has refused to investigate her reports of noise caused by early morning deliveries to a grocery shop near her home. She says the noise, including unloading of goods from a van, disturbs her sleep and affects her quality of life.
2. Ms X wants the Council to stop the early morning deliveries.

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The Ombudsman’s role and powers

3. 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))

4. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X reported that a shop’s deliveries in the early morning created noise, disturbing her sleep. The Council visited the shop, spoke with the shopkeeper and with Ms X, and asked the shop to reduce the noise.
8. The shop agreed to change its routine to unload at 8am. Ms X confirmed that the situation has improved however still wanted the Council to investigate the matter further. The Council explained that it could not take formal enforcement action unless the business breached this agreement or the noise rose to the level that they deemed was a statutory nuisance.
9. We will not investigate this complaint. While Ms X is unhappy with the Council’s decision not to investigate further, it is not our role to decide whether noise constitutes a statutory nuisance or to tell councils how to exercise their enforcement powers. We can only look at whether the Council properly considered the complaint and took reasonable steps. The Council acted in line with its statutory duties: it visited the site, engaged with the parties involved, and sought a solution. It has also explained the limits of its powers. There is insufficient evidence of fault to warrant further investigation.
10. In addition, the Council appropriately advised Ms X of her right to take private legal action against the business, if she believes there is sufficient evidence the noise amounts to a statutory nuisance. Ms X is free to do this, if she chooses.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council took reasonable steps to investigate and address Ms X’s concerns.

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Investigator's decision on behalf of the Ombudsman