Summary: We will not investigate this complaint how the Council dealt with a noise complaint because there is not enough evidence of fault to justify investigation.

The complaint

1. Mr Y complained the Council has failed to carry out enforcement action despite agreeing that a noise coming from the property next door to Mr Y’s home was a statutory nuisance in April 2024. Mr Y is also unhappy with the handling of his complaint.
2. Mr Y says he has had his sleep interrupted for over two years, causing him depression and anxiety and he feels the Council has not taken the issue seriously.

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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 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)
5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

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

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My assessment

7. The Council initially investigated a noise nuisance complaint by Mr Y in 2024. During a visit to Mr Y’s property in April 2024, Mr y says the Council agreed that the noise, caused by a gate shutting loudly in the next-door property, would be a potential statutory nuisance, but further evidence would be needed during a quieter time.
8. Mr Y says the Council has since visited his property to witness the noise four times and has now told him that the noise is not at a level which I would consider to be a statutory nuisance. Consequently, it has said it will not act and have referred Mr Y to his own rights to pursue the matter in the Magistrates Court. Mr Y has then approached us.
9. We are not an appeal body. 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.
10. In this case, the Council has attended Mr Y’s property on four occasions and been present there to try to hear the noise and judge the level of it for over two hours in total. The council has also considered statements from Mr Y about his experience of the noise and has been in contact with the neighbour, who has taken action, albeit Mr Y is unhappy with it, to try to reduce the noise. It has concluded from this evidence that there is not a statutory nuisance.
11. While Mr y may strongly disagree with the Council’s decision not to act any further, the Council has used its professional judgment and experience to make its conclusion and has considered relevant evidence, including from its site visits. As it is able to explain its rationale to Mr Y, and has been able to show its consideration of the issue, there is not enough evidence of fault in its decision-making process to justify our investigation into the complaint. We will not investigate.
12. As we are not investigating the substantive issue in this case, it is not a good use of public resources to investigate how the Council dealt with and responded to Mr Y’s complaint. We will not investigate this.

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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 investigation.

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Investigator's decision on behalf of the Ombudsman