Summary: We will not investigate this complaint about the way the Council handled reports of noise nuisance allegedly caused by Mr X’s neighbour. This is because there is not enough evidence of fault.

The complaint

1. Mr X says the Council has failed to properly investigate his noise nuisance complaint. He wants the Council to investigate and take action.

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The Ombudsman’s role and powers

2. 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))
3. 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).

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about the noise issue in 2024. In response to the complaint, the Council visited the property and reviewed noise diary sheets provided by Mr X. The Council assessed the nature of the noise and decided it did not meet the threshold for a statutory noise nuisance and did not therefore warrant further action.
7. The law says a council must take reasonable steps to investigate reports of noise disturbance. By reviewing Mr X’s noise diary sheets and visiting the property to assess the level of noise, I am satisfied the Council did so.
8. I understand Mr X is unhappy with the Council’s decision, but we cannot challenge the professional judgement of officers if there is no evidence of fault in the way it was made.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman