Colchester City Council (25 027 093)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 06 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of noise nuisance complaints. This is because there is not enough evidence the Council is at fault to justify an investigation.
The complaint
- Miss X complains the Council has not considered noise complaints she has made about a neighbouring property. She says the noise affects her enjoyment of her home and causes her to feel unwell.
- Miss X also complains about how the Council handled her complaint about the matter.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complains the Council has failed to consider an alleged noise nuisance from a neighbouring property. Miss X says the noise should be considered a statutory nuisance. Miss X submitted a diary sheet and sound recordings to the Council in January 2026.
- The Council considered both the diary entries and sound recordings and determined the noise was not a statutory nuisance.
- The Ombudsman is not an appeal body. Our role is not to decide whether the council's decision was right or wrong, but to consider whether there was fault in the way it reached that decision. Provided the authority has followed the correct process, considered the relevant information, and acted within the law and its policies, we cannot question the merits of the decision simply because someone disagrees with it.
- The Council’s investigation into the noise was adequate and proportionate. Therefore, there is not enough evidence the Council is at fault to warrant an investigation.
- Miss X complains about the Council’s handling of her 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 Miss X’s complaint because there is not enough evidence the Council is at fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman