Summary: We will not investigate this complaint about how the Council handled a report of noise nuisance. This is because there is not enough evidence of fault in the way the Council made its decision not to take further action.

The complaint

1. Mr X complains the Council has not properly considered his reports of noise from a neighbouring property and has not properly communicated its findings with him. Mr X says the Council has not handled his complaint effectively and the process remains incomplete. He says this has caused him significant stress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. The Council listened to Mr X’s noise recordings. Following a second opinion, the Council decided to make a site visit. During the visit, the alleged noise nuisance was not witnessed as the area was not in use. The Council decided correct planning permission was in place and decided the noise was not a statutory nuisance.
6. We are not an appeal body. This means we do not take a second look at the decision to decide if it was wrong. Instead, we look at whether there was fault in how the Council made its decision. We do not consider there is enough evidence of fault in the way the Council made its decision so cannot question it, even if Mr X disagrees with it.
7. Mr X is dissatisfied at how the Council communicated with him and handled his complaint. It is not a good use of public resources to investigate complaints about complaint procedures or communications, if we are unable to deal with the substantive issue.

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Final decision

8. We will not investigate Mr X’s complaint about how the council investigated his noise complaint because there is not enough evidence of fault undermining the Council’s decision. It would be disproportionate in the circumstances to investigate the Council’s communications and complaint-handling.

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Investigator's decision on behalf of the Ombudsman