Summary: We will not investigate this complaint about how the Council handled Mr X’s reports of noise nuisance. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council did not properly investigate his reports of noise nuisance. He said the Council lost evidence he submitted. He said he is old and vulnerable, and it is distressing. He wants the Council to stop the noise nuisance.

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

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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. Mr X reported his neighbours to the Council. He said they slam their doors which causes him disturbance and distress. The Council asked Mr X to keep a record of the nose and provided diary sheets.
6. Mr X later made a complaint to the Council that it destroyed his diary sheets and other communications he sent it.
7. The Council investigated Mr X’s complaint and agreed that it had not stored Mr X’s communications correctly. The Council said this was because the service was being redesigned and the statutory nuisance function was being moved to new officers. It apologised to Mr X for the inconvenience it caused him and said it had put measures in place to avoid it happening again as well as reminding all officers of the importance of digitizing and storing communications correctly.
8. In earlier correspondence and in its complaint response the Council explained to Mr X that it had reviewed the new diary sheets he provided and it did not meet the threshold for statutory nuisance.
9. We will not investigate this complaint. Although I acknowledge it was frustrating for Mr X to have to resubmit diary sheets, if the Council had reviewed them earlier it would not change the fact that the evidence he provided did not meet the threshold of a statutory nuisance. Therefore, further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman