Summary: We will not investigate Mrs X’s complaint about the Council’s actions relating to noise and harassment. We are unlikely to find fault in the Council’s decision making.

The complaint

1. Mrs X complained the Council has failed to investigate her reports of noise and anti-social behaviour she said is experiencing.
2. Mrs X says she has needed to move house due to the distress the noise and anti-social behaviour were causing.
3. Mrs X complains the noise and anti-social behaviour have continued at her new house.

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The Ombudsman’s role and powers

4. 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)
5. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X says her and her husband had been subject to noise and harassment from their neighbour since 2021.
9. In March 2024 Mrs X complained to the Council about her neighbour who she said was making noises through electronic devices in her house and harassing her and her husband.
10. The Council investigated the reported noise and advised Mrs X this did not meet its threshold to be treated as statutory nuisance. It also advised that due to the nature of the anti-social behaviour, which included alleged harassment, this had been investigated by the Police. Information was provided to Mrs X on how to take private action with regards to the noise though the courts.
11. The Council offered Mrs X and her husband mediation with their neighbour; this was declined.
12. Mrs X says she and her husband moved house in September 2024 to get away from the noise and harassment. Mrs X says she is still being harassed by the neighbour at the new property. She says noises are still being made through her electronic devices. She has reported this to the Council and Police, including ringing 999.
13. The Council wrote to Mrs X in December 2024 and again in January 2025 and advised her that it would not investigate her report as it did not meet the Council’s threshold for anti-social behaviour action.
14. The Council has said it worked with partner agencies, including the Police to review its full range of powers and find an acceptable resolution to the matter.
15. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. I have considered the steps the Council took to consider the issue, and the information it took account of when deciding to not investigate. It is unlikely we would find fault.

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Final decision

16. We will not investigate Mrs X complaint as we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman