Summary: We will not investigate this complaint about a noise nuisance. This is because the Council has already provided a proportionate remedy to any fault.

The complaint

1. Mr Y complains the Council failed to investigate a potential noise nuisance and said he had given false information about the problem. He says the Council failed to properly deal with his complaint.

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The Ombudsman’s role and powers

2. The Ombudsman will not investigate a complaint if the Council has already provided a proportionate remedy.
3. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

4. I considered the information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y complained to the Council in January 2020 about noise coming from the flat below his. He provided contact details to the Council for the property owner. The Council then contacted Mr Y, asking questions about the noise issue and to confirm the details he had previously given. The Council said this was because the person they had contacted had denied responsibility and ownership. It said if it could not confirm the owner, it may be unable to investigate further.
6. Mr Y felt offended by the Council’s questions and complained to the Council in January 2020. The Council responded in February. It said it could investigate the noise problem. It said it had tried to explain the property owner Mr Y had referred to, had denied responsibility for the noise. It said this may make enforcement more difficult. It offered to install noise monitoring equipment to Mr Y if he wanted the Council to investigate further.
7. On Mr Y’s request, the Council responded again two weeks later. It apologised for any confusion over the information Mr Y had given and any offence caused. It said it questioned the information to ensure its information was correct, in preparation for any potential enforcement if needed. It asked for Mr Y’s agreement to install noise monitoring equipment in his home to continue its investigation.
8. It then gave its final response in March 2020, apologising for any miscommunication and lack of clarity. It said it would feedback to staff about the issue.
9. Mr Y then approached the Ombudsman. Since contacting the Ombudsman, the noise has stopped.

Analysis

10. The Council admitted its poor communication with Mr Y. It apologised and spoke to staff. In doing this it has recognised Mr Y’s experience and acted to prevent the issue from recurring.
11. The Council’s complaint response also tried to explain why it questioned Mr Y’s information and offered to install noise monitoring equipment to continue its investigation.
12. The Council’s actions provided Mr Y with a proportionate remedy to the complaint so we will not now investigate.
13. As we will not investigate the substantive issue, we will not investigate how the Council handled his complaint as this is not a good use of public resources.

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Final decision

14. We will not investigate Mr Y’s complaint because the Council has already provided a proportionate remedy to any fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman