Summary: We will not investigate Mr X’s complaint about how the Council responded to reports of noise nuisance as there is not enough evidence of fault to warrant investigation. Mr X also complained about delays in installing noise monitoring equipment. However, the Housing Ombudsman Service has already investigated and remedied this complaint, therefore, there is insufficient evidence of outstanding injustice to warrant further investigation.

The complaint

1. Mr X complained about how the Council dealt with his reports of noise nuisance. He said it delayed in installing noise monitoring equipment and that the noise monitoring equipment once installed, did not work properly. He said he experienced excessive noise from a neighbour paying loud music at unsocial hours.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if:
• we decide there is not enough evidence of fault to justify investigating; and
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended).
4. The Housing Ombudsman Service investigates complaints where the council is acting as a registered social housing provider.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has contacted the Council about noise nuisance caused by a neighbour since 2017. The Council issued a final response to his complaint about how it had dealt with his reports of noise nuisance as his social housing landlord in June 2020. Mr X asked the Housing Ombudsman Service to consider that complaint. The Housing Ombudsman Service issued a decision saying the Council had delayed in installing noise monitoring equipment. It recommended the Council pay Mr X £300 as compensation for that delay and to progress the installation of the noise monitoring equipment.
8. As the Council has already remedied Mr X for delays in installing the noise monitoring equipment, we will not investigate that complaint further. That is because there is insufficient evidence of outstanding injustice to warrant further investigation.
9. Whilst the Housing Ombudsman Service investigated his complaint, Mr X made a further complaint to the Council about how it investigated his noise nuisance. He made that in October 2020. The complaint response confirms the Council:
• reviewed diary sheets provided by Mr X;
• sent an informal notice about the noise nuisance to Mr X’s neighbour;
• completed four out of hours visits to Mr X’s property between June and July within an hour of Mr X’s complaint of noise nuisance. It did not witness evidence of noise.
10. I have reviewed the steps the Council took in responding to Mr X’s complaint of noise nuisance and there is insufficient evidence of fault in its action to warrant further investigation. Therefore, we will not investigate this complaint further.
11. Following contact from Mr X’s MP and the Housing Ombudsman Service, the Council sent Mr X a further stage one complaint response in January 2022. That said it had installed monitoring equipment at Mr X’s property in March 2021 and June 2021. It said that did not provide evidence of noise nuisance. It also visited the block of flats where Mr X lived and spoke to residents. They did not report hearing music.
12. The Council said Mr X could ask the Council to escalate his complaint to stage two if he was unhappy in how it completed its investigation. Therefore, we will not investigate this complaint further as it has not yet completed the Council’s complaint process

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in how the Council investigated his complaint of noise nuisance. The Housing Ombudsman Service has already investigated and provided a remedy for delays in installing noise monitoring equipment.

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Investigator's decision on behalf of the Ombudsman