Summary: We will not investigate this complaint about the Council issuing a warning to Mr X about noise from a drain outside his property. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains the Council issued him a warning regarding noise from a drain outside his property, which he says is normal household noise. Mr X says this has caused him significant distress. He wants the Council to acknowledge a statutory nuisance does not include every possible source of noise. Mr X also wants an explanation on how sending the notice was justified despite no officer witnessing 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))

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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. In December 2025, the Council wrote to Mr X to tell him it had received a complaint about noise alleged to be coming from his property. The Council explained it had not witnessed the noise and said the purpose of the letter was to make him aware of the complaint. It also said the reported noise had since stopped and gave Mr X an opportunity to respond.
6. The Council’s process for dealing with noise complaints includes contacting the person alleged to be responsible for the noise. The evidence shows the Council followed that process and gave Mr X an opportunity to respond. There is therefore insufficient evidence of fault to justify an investigation.

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Final decision

7. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman