Broxbourne Borough Council (25 026 738)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 04 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of complaints about noise. This is because it is reasonable to expect the complainant to pursue the matter in court.
The complaint
- Mr X complains about the Council’s handling of his noise complaints. He says the street cleansing team start work as early as 6am which disturbs his sleep. He says this has affected his wellbeing and reduced his quality of life and enjoyment of his home.
- Mr X also complains about the Council’s handling of his complaint.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has complained to the Council about noise from the street cleansing team early in the morning. He says this should be investigated as a statutory nuisance and asks for an abatement notice to be served.
- The Council says it has investigated the noise and has altered the time street cleansing can commence work to 6.30am. The Council says it is unable to cleanse the street any later as this work needs to be completed before the footfall in the area increases.
- Mr X is aware that under Section 82 Environmental Protection Act 1990, this is a matter he can pursue through the courts and it is reasonable to expect him to do so. The law prevents us from investigating and the courts are better placed to deal with the matter.
- Mr X complains about the Council’s handling of his complaint. It is not a good use of our resources to investigate how a Council has handled a complaint if the substantive matter does not fall to be investigated. That is the case here.
Final decision
- We will not investigate Mr X’s complaint because it would be reasonable for him to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman