Summary: We will not investigate Mr B’s complaint about noise nuisance. This is because the Council’s investigation has not been completed yet. So, it is too early to consider the complaint in detail.

The complaint

1. The complainant, who I will refer to as Mr B, complains about the Council’s investigation of noise nuisance reported by his son. Mr B says the Council has not sent officers to witness the noise or offered noise recording equipment. Mr B also says the Council has wrongly expected his son to take recordings using his phone even though he is not trained and his phone is not suitable for this. Mr B would like the Council to take further action to investigate the noise including the provision of noise recording equipment.

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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 can decide whether to start an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I considered information provided by Mr B
4. I considered the Ombudsman’s Assessment Code.
5. Mr B had the opportunity to comment on a draft version of this statement.

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My assessment

6. Mr B owns the property where his son lives. Mr B’s son has complained to the Council about noise nuisance from the neighbouring property.
7. It is too early to assess whether to start an investigation into Mr B’s complaint.
8. One of Mr B’s main complaints is that the Council has expected his son to record the noise using his mobile phone and has not provided calibrated noise recording equipment.
9. Until recently the Council said it would not provide Mr B’s son with noise recording equipment.
10. This was because the Council said it uses this equipment only for noise from music and machinery, not anti-social noise, which is what Mr B’s son has reported. But, the Council recently told Mr B it would now offer him the use of this equipment.
11. The Council’s decision to offer this equipment is in line with what Mr B wanted to happen when he complained to the Council. Also, the Council’s investigation into the noise nuisance remains on-going because Mr B’s son has not used the noise recording equipment yet. So, there remains the possibility the Council could take action against Mr B’s neighbour. This means it is too early for the Ombudsman to start an investigation.

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Final decision

12. We will not investigate this complaint. This is because it is too early to consider the matters complained about.

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Investigator's decision on behalf of the Ombudsman