Summary: We will not investigate Mrs X’s complaint about how the Council have dealt with her noise service request about a neighbour. There is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complained the Council did not properly deal with her reports of noise from a neighbouring property. She says the Council failed to adequately consider her concerns and should have taken enforcement action against the neighbour but did not do so. Mrs X says the continuing noise has caused stress and negatively affected both her and her son's mental health.

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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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained the Council failed to take enforcement action against her neighbours despite her reports of noise nuisance. She says the Council did not properly look into her concerns and should have taken formal action.
7. The Council investigated her reports, including visiting her property to monitor the noise. It concluded the noise amounted to everyday household noise and did not meet the threshold for statutory nuisance or antisocial behaviour. The Council asked the neighbour to take steps to reduce noise transmission, including fitting door closers, and offered mediation, which neither party accepted. The Council also told Mrs X it would consider any new evidence she provided.
8. On the information available, there is not enough evidence of fault in the way the Council looked into and responded to Mrs X’s reports.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman