Summary: We will not investigate this complaint about noise because there is not enough evidence of fault to justify investigating and we cannot achieve the outcome Miss Y is seeking.

The complaint

1. Miss Y complained the Council has failed to resolve a noise dispute with her neighbour, which she says she experiences whenever a specialist toilet, installed using a Disabled Facilities Grant, is flushed.
2. Miss Y says her mental health has suffered, and she feels she needs to be out of her home as much as she can.

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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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. Miss Y complained to the Council after her neighbour had a specialist toilet installed on the party wall between their properties using a Disabled Facilities Grant, funded by the Council. Miss Y said that each time the toilet flushed there was a loud noise.
6. The Council visited both the neighbour and Miss Y’s properties to experience the issue. The Council then ensured work was carried out to remove parts from the party wall which were causing noise through the structure. Following analysis of the sound recordings taken by equipment the Council has installed in Miss Y’s property, it concluded that the noise would not constitute a statutory nuisance. It said that consequently it would take no further action on the issue.
7. The Council investigated the issue including visiting the site to witness the noise, considered relevant evidence, including sound recordings and took actions to reduce the noise. It then concluded that there was no statutory nuisance and explained its investigation to Miss Y. While she may disagree with the outcome, there is not enough evidence of fault in the decision-making process the Council used to justify investigating. Consequently, we will not investigate this complaint.
8. Also, as part of her complaint Miss Y has told us that she would like the toilet in her neighbour’s property to be moved off the party wall. This is not an outcome which we can achieve and is not within our power to recommend such action, particularly as the neighbouring property is not owned by the Council but privately owned. Consequently, as we cannot achieve the outcome Miss Y is seeking, we will not investigate.

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Final decision

9. We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigating and we cannot achieve the outcome Miss Y is seeking.

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Investigator's decision on behalf of the Ombudsman