Summary: We will not investigate this complaint about noise because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complained the Council failed to properly investigate a noise nuisance relating to his neighbour’s laminate flooring both in its environmental health department and in its housing renewal department. Mr Y also says his complaint was mishandled.
2. Mr Y says the issue has meant he finds it hard to relax in his home due to the noise and he feels dismissed.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints which we have previously considered and decided.
5. 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))
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

7. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

8. Mr Y complained to us about the Council’s alleged failure to investigate a noise nuisance. We told Mr Y in April 2024 that we had made the decision in that case not to investigate. We cannot now consider the complaint about the same issue again. We will not investigate this complaint.
9. Mr Y also complained to us about the Council’s decision not to investigate his complaint about the noise, through its housing renewal department. If there was no fault in how the organisation made its decision, we cannot question the outcome.
10. In this case, the Council considered Mr Y’s request for an inspection concerning poor sound insulation in April 2024. It spoke to Mr Y about the issue, considered relevant data including whether there were other complaints about the issue from other occupants, previous complaints by Mr Y in other accommodation and its previous investigation into noise nuisance.
11. The Council further explained that the previous investigation into whether there was a noise nuisance was the most appropriate way to address the potential issue Mr Y had complained about. It declined to investigate further as it did not consider further investigation under the Housing Act 2004 to be suitable for the situation Mr Y was in as it did not, based on the information available, consider it likely that there was a significant hazard to him from the noise issue.
12. As the Council has properly considered Mr Y’s complaint and has explained its reasons for its decision not to investigate further, there is not enough evidence of fault to justify investigating this complaint. We will not investigate.

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Final decision

13. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman