Summary: We will not investigate this complaint about how the Council responded to a noise nuisance concern. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr X complained about the Council’s response to his reports of noise nuisance coming from a neighbour’s washing machine. He said it failed to make reasonable efforts to gather evidence.
2. Mr X said the noise caused him lack of sleep which impacted his health. He wants the Council to respond to his complaint and instruct his neighbour to install vibration pads.

Back to top

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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council about vibrations coming from a neighbour’s property in 2023. The Council attended Mr X’s home and tested the neighbour’s appliance that Mr X said caused the vibrations. The Council did not witness the noise nuisance at that time.
7. Mr X continued to report noise nuisance to the Council throughout 2024 and also made a formal complaint. The Council did not uphold Mr X’s complaint but said due to his reports it would refer his concerns to the Private Sector Housing team to investigate.
8. We will not investigate this complaint. In response to my enquiries the Council said it had no record to show any further action was taken in response to Mr X’s reports of noise nuisance. It said it would contact Mr X to arrange to visit his property and carry out a further assessment.
9. The Council is now taking the appropriate action to respond to Mr X’s ongoing concerns; therefore, further investigation would not lead to a different outcome.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman