Summary: We will not investigate this complaint about the Council’s handling of a noise nuisance complaint. This is because there is insufficient evidence of fault in how the Council considered the matter.

The complaint

1. Mrs X complained about the Council response to her noise complaint from football clubs using a school playing field. She said the associated disturbance caused distress and affected her sleep and mental health.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

2. I considered information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mrs X said the Council failed to properly investigate and resolve her noise complaint.
5. According to the information I have seen, the Council visited Mrs X and met with representatives of the football clubs and tried to manage the worst impacts of the noise and anti-social behaviour. It also said it has not yet decided if the noise is a statutory noise nuisance.
6. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Nor can we tell the Council what is or is not a statutory noise nuisance. Instead, we look at the processes a Council followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a person disagrees with the decision the Council made.
7. In this instance, I consider the Council has investigated and responded to Mrs X’s service request and as such there is insufficient evidence of fault. If at the point the Council decides whether there is or is not a statutory noise nuisance, it is open to her to make another complaint about the Council’s decision at that point.

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Final decision

8. We will not investigate Mrs X’s complaint because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman