Summary: We will not investigate Mr Y’s complaint about the Council’s handling of his noise complaints since 2023. Part of the complaint is late. There is not enough evidence of fault to justify our involvement and we are unlikely to achieve a different outcome.

The complaint

1. Mr Y complains about the Council’s response to his reports of noise from a neighbouring property since 2023. He says the noise affects his use of his home and this impacts his wellbeing. He wants the Council to further investigate and address the noise, and compensate him for the disturbance.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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, or further investigation would not lead to a different outcome.(Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

Councils’ ‘statutory nuisance’ duties

6. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’. Activities a council might decide are a statutory nuisance include noise from premises.
7. There is no fixed point at which something becomes a statutory nuisance. Councils rely on suitably qualified officers to gather and assess relevant evidence. It will consider matters such as the timing, duration, and intensity of the alleged nuisance. Officers will use their professional judgement to decide whether a statutory nuisance exists.
8. Councils can also decide to take informal action if the issue complained about is causing a nuisance, but is not a statutory nuisance. They may write to the person causing the nuisance or suggest mediation.

Mr Y’s case

9. Mr Y says noise nuisance from construction work and late-night parties at a neighbouring property has affected him since 2023.
10. We will not investigate the Council’s handling of Mr Y’s complaints from October 2023 to June 2024. This is because this part of the complaint is late. If Mr Y was unhappy with the Council’s response at that time, I can see no good reason why he could not have approached us sooner.
11. Mr Y complained to the Council about the neighbour’s construction noise again in 2024 and in early 2025. He complains the Council has not done enough to investigate and address the noise.
12. The Council’s complaint response to Mr Y explained its investigation and findings about his noise complaints. It said it asked Mr Y to use an app to send it noise recordings. After Mr Y sent recordings, the Council said it found no evidence of statutory nuisance but it had contacted the neighbouring occupier about the noise in 2024 and in early 2025. It also said it would keep Mr Y’s complaint open and consider further evidence he sent.
13. We will not investigate this complaint. The Council has clearly explained its investigation, findings, and actions to address Mr Y’s noise complaints. It also said it would look at further evidence from Mr Y. This is a proportionate response to Mr Y’s concerns. We are unlikely to find fault with the Council’s decision-making process or achieve a different outcome.

Back to top

Final decision

14. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify an investigation, and we are unlikely to achieve a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman