Summary: We will not investigate Miss X’s complaint about the Council not supporting her with disrepair issues in her property, noise nuisance from her neighbour, and with moving to another property. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains the Council has not supported her with disrepair issues in her property and noise nuisance from her neighbour. She also wants the Council to help her move to another property.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(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. Miss X has reported several disrepair issues to the Council. The Council referred the issues to Miss X’s landlord to consider and deal with. Miss X’s landlord says the disrepair issues have been investigated and remedied. If Miss X is unhappy with the actions taken by her landlord, the appropriate body to consider her complaint is the Housing Ombudsman.
6. Miss X also reported noise nuisance by her neighbours to the Council in 2021 and 2022. The Council highlighted the complaints were always about the same issues. The Council explained it tried to investigate the noise nuisance complaints by asking Miss X to complete a noise diary. However, as Miss X did not engage with the request, it closed the case on each occasion.
7. In response to our enquiries, the Council confirmed Miss X has again made a noise nuisance complaint, reporting the same issues previously raised in 2021 and 2022. The Council said it decided not to investigate the matter as there was evidence Miss X was suffering from mental ill health and so she would not be considered a reliable witness.
8. Therefore, an investigation is no justified as we are unlikely to find fault with the Council. The Council tried to take reasonable steps to investigate Miss X’s reports of noise nuisance in 2021 and 2022 but was unable to due to Miss X not engaging and completing the noise diary as requested.
9. The Council has also clearly explained why it has not investigated Miss X’s new complaints about noise nuisance. Given the evidence provided to support the Council’s view Miss X is suffering from mental ill health, we are unlikely to find fault as the Council has properly considered the matter.
10. Finally, the Council has confirmed it is currently reviewing Miss X’s housing situation and its decision is pending. Therefore, this matter is premature as the Council has not yet concluded its consideration of the matter. Once the Council has issued its decision, if Miss X is unhappy with the decision made, it is open to her to make a new complaint.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault. In addition, Miss X’s complaint about her housing disrepair is for the Housing Ombudsman, and her other complaint is premature.

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Investigator's decision on behalf of the Ombudsman