Summary: We will not investigate Mr X’s complaint about the how the Council dealt with a noise complaint. There is not enough evidence of fault to warrant investigation.

The complaint

1. Mr X complained the Council has not provided support when he reported noise coming from a neighbouring property.

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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))
3. 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

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

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My assessment

6. Mr X told the Council about the noise issue he was experiencing in 2024.
7. The Council acknowledged the concern and asked Mr X to use a noise recording app and keep a noise diary for a month.
8. Mr X complained to the Council in November 2024. He said he didn’t know where the noise was coming from, and he was not happy with the actions he had been asked to take.
9. In its complaints responses the Council said it needed to assess the noise to decide if it met the threshold for a statutory noise nuisance. It explained what a statutory noise nuisance is. It said the app recordings showed the noise to be at different times of the day and so it would be difficult for the Council to witness. It also advised Mr X he should not specifically open a window to record noises.
10. The Council told Mr X it had liaised with the responsible housing association, and they were going to install noise recording equipment when it became available.
11. The law says a council must take reasonable steps to investigate reports of noise disturbance. The Council reviewed Mr X’s noise recordings, provided advice to Mr X and is working with the responsible housing association. We will not investigate further because there is insufficient evidence of fault with the Council’s response to Mr X’s reports.

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Final decision

12. We will not investigate Mr X’s complaint, there is not enough evidence of fault to warrant investigation.

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Investigator's decision on behalf of the Ombudsman