Summary: We will not investigate this complaint about the Council’s investigation into reported noise nuisance coming from a nearby business premises. The Council has taken reasonable steps to investigate the matter, and it is unlikely we would find evidence of fault in the Council’s actions.

The complaint

1. Miss X complains that a business near her property is playing loud music and creating a noise nuisance. She says the Council’s decision that it does not consider it a statutory nuisance is incorrect. Miss X says the matter has caused distress and would like the Council to reconsider the decision and act to reduce the noise nuisance.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X reported noise nuisance from a business premises near her property. In response, the Council visited the site, installed noise monitoring equipment in her home, and asked Miss X to complete a noise diary. It initially found the noise to be above acceptable levels. It spoke to the business owner, who agreed to take action to reduce the noise nuisance.
7. Following the owner’s actions, the Council was satisfied the noise nuisance was reduced. It decided the noise levels did not amount to a statutory nuisance and so it would take no further action.
8. We will not investigate this complaint. While Miss X is unhappy with the Council’s decision, it is not our role to decide whether noise constitutes a statutory nuisance or to tell the Council how to exercise its enforcement powers. In this case, the Council appropriately investigated Miss X’s concerns and was satisfied the business owner’s actions were sufficient to reduce the noise. It was satisfied any residual noise did not amount to a statutory nuisance. There is no evidence of fault in how it reached this decision so we cannot question it. The Council also explained to Miss X that she can take private action if she so chooses. There is insufficient evidence of fault to warrant further investigation.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault in how the Council investigated the matter.

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Investigator's decision on behalf of the Ombudsman