Summary: We will not investigate this complaint about the Council’s handling of a noise nuisance complaint. There is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. Ms X complains the Council has not properly investigated her complaint about the installation, use and noise from a generator near her home. She says the noise affects her amenity and causes her distress.

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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 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)

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How I considered this complaint

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

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My assessment

6. Ms X is concerned she did not have an opportunity to comment on the installation or use of the diesel generator as part of a planning process. But the Council has confirmed the generator was not included in any planning application as it does not require planning permission. There is therefore no evidence of fault by the Council on this point.
7. When Ms X reported excessive noise, the Council visited her property to investigate. It also installed noise monitoring equipment for a week and reviewed recordings made by Ms X. The Council decided from the evidence the noise did not amount to a statutory noise nuisance and so it would not take enforcement action. The Council took the action the law and we would expect. Its resulting decision is not something we can criticise. There is no evidence of fault in the way it made its decision.
8. The Council advised Ms X if she continues to make and share with it recordings of the noise it would consider whether any change made the noise a statutory nuisance, and if so it would open a new investigation. This is in line with what we would expect from the Council and it is unlikely investigation would achieve anything more.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant it.

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Investigator's decision on behalf of the Ombudsman