Summary: We will not investigate this complaint about how the Council failed to respond properly to unacceptable noise from a nearby business. This is because it is unlikely we would find fault.

The complaint

1. Mr X complained the Council failed to respond properly to his complaints about noise coming from a nearby business.
2. Mr X complained he cannot sleep or rest in his own home due to the noise. Mr X wants the Council to witness the noise at his property.

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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 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

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. Mr X complained the Council did not properly investigate his noise complaint.
7. According to the information at hand, the Council investigated Mr X’s complaint including visiting Mr X’s house, but did not record witnessing any noise nuisance. It attempted to install noise monitoring equipment. Finally, it also wrote to the business regarding potential noise coming from their property.
8. Based on the records provided, the Council responded to Mr X’s noise complaints in line with its policy, and therefore it is unlikely we would find fault.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman