Summary: We will not investigate this complaint about noise nuisance and anti-social behaviour. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the Council’s failure to take sufficient action against her neighbours following her complaints about noise and anti-social behaviour. She says the Council did not believe her complaints were serious and it accepted counter-allegations by her neighbours which she says are false.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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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. Mrs X complained to the Council about noise from her neighbours. The Council wrote to her neighbours with a warning and later visited their home. Mrs X asked for noise recording equipment and the Council provided this.
6. The Council concluded that the noises were mainly everyday domestic noise and did not amount to a statutory nuisance for which it could serve an abatement notice. Mrs X disputed this and questioned the quality of the recording equipment.
7. The Council told her it could not take action over this type of noise. The Council also told Mrs X that the neighbours had made claims that her son had damaged their gate. Mrs X says her son denies this and the Council should not have believed her neighbour’s allegations. The Council says it is required to be impartial and must consider any complaints it receives equally.
8. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process.

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Final decision

9. We will not investigate this complaint about noise nuisance and anti-social behaviour. This is because there is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman