South Kesteven District Council (22 017 923)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 05 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council has dealt with reports of noise nuisance. This is because there is insufficient evidence of fault by the Council.
The complaint
- Mr X complains about how the Council has dealt with his report of noise nuisance from his neighbours.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has raised several complaints about noise nuisance coming from dogs belonging to his neighbours. The Council sent letters to the alleged perpetrator, considered diary sheets completed by Mr X, installed sound monitoring equipment, and carried out several site visits.
- Having considered the evidence gathered, the Council concluded that there was insufficient evidence that a statutory nuisance was taking place and therefore it had not basis to take further action.
- I understand Mr X is disappointed with the Council’s decision, but the Ombudsman is not an appeal body. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. The Council satisfied itself it was able to make a decision on Mr X’s complaint following an investigation and evidence from noise recording equipment and site visits. There is no evidence to suggest fault affected its decision.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman