Overview:

Key to names used

• Miss F The complainant

Summary

Miss F complained the Council wrongly delayed serving an abatement notice on a neighbouring business after it had identified a statutory noise nuisance. Although the Council has accepted it was at fault for this, Miss F complained it has not offered a financial remedy to reflect her loss of amenity and distress arising from the delay. Miss F also says the business is yet to comply with the requirements of the abatement notice, but the Council has not taken action to enforce it.

Finding

Fault found, causing injustice, and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice identified in this report, we recommend the Council:

• offer to pay Miss F £3,000, to recognise her loss of residential amenity because of its failure to serve an abatement notice sooner; and

• circulate guidance to relevant staff,

  • to ensure they are aware the law requires them to make a timely, formal decision about whether a reported nuisance amounts to a statutory nuisance; and that it is only permissible to attempt to resolve a nuisance informally where (a) a statutory nuisance exists, but it is within the seven-day delay period allowed by law in some cases, or (b) a statutory nuisance does not exist. The Council may want to provide a copy of this report as part of the guidance; and

  • to explain the purpose of the Council’s ‘compensation claim’ email address, and that a request for financial remedy for an intangible loss, such as distress, frustration or loss of amenity, can only be considered through the complaints process.

Ombudsman satisfied with Council's response: 17 February 2025.

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