Epping Forest District Council (24 008 335)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 03 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s reports of noise nuisance from neighbours. This is because there is not enough evidence of fault by the Council to warrant an investigation.
The complaint
- Mr X complained the Council did not adequately respond to his reports of excessive dog barking from a neighbouring property. He says this has caused him distress.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.(Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 complained to the Council about his neighbour’s barking dog in July 2024. The Council acknowledged the complaint and asked Mr X to provide a noise diary to record the incidences. The Council also advised Mr X’s neighbour of the complaint, and invited them to comment, which we would expect as part of a noise nuisance investigation.
- So it could further assess the noise, the Council then asked Mr X if it could install noise monitoring equipment. Mr X declined and said he did not think this would be worthwhile then because the noise had lessened.
- The Council has attempted to maintain communication with Mr X to check on the situation, but it has not received a response. No further noise logs have been provided by Mr X, nor has he made further complaints about the situation. I cannot find fault by the Council as it has taken suitable steps to try to resolve Mr X’s complaint.
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