Summary: We will not investigate this complaint about the Council’s investigation of a noise nuisance. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained the Council has not taken enforcement action in response to a statutory noise nuisance. He said this has caused him anxiety and had a negative impact on his health. He would like the Council to prosecute and seek and injunction to stop the noise.

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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 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))
3. 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)

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How I considered this complaint

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

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My assessment

6. Mr X complained the Council failed to take formal action in response to a breach of a noise abatement notice by a business near his home.
7. Where a council identifies a statutory nuisance it should issue an abatement notice. If the property owner does not comply with the notice the council can consider formal action, including prosecution, however this is at the council’s discretion.
8. The Council issued an abatement notice to the business. This notice was later varied by a court order.
9. In its complaint response, the Council told Mr X it was in discussion with the business to carry out works to resolve the nuisance. It said it did not consider it effective or proportionate to issue formal proceedings for a breach of the notice. It explained the business was cooperating to address the noise issue and the matter remained under active review. This is a decision the Council was entitled to make.
10. I appreciate Mr X is frustrated the nuisance is ongoing. However, it is up to the Council to decide what action to take. There is not enough evidence of fault in its decision making to justify an investigation.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman