Summary: We will not investigate this complaint about the way the Council dealt with Miss X’s reports of noise nuisance. There is not enough evidence of fault to justify an investigation.

The complaint

1. Miss X complains the Council failed to act on her reports of noise nuisance from her neighbour since 2022.

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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))

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X first complained to the Council about noisy neighbours in 2022. The Council wrote to the neighbours asking them to keep the noise down.
6. Miss X continued to report noise nuisance in the following years.
7. The Council has installed noise monitoring equipment in Miss X’s home on two occasions. After reviewing both recordings, the Council decided there was no statutory noise nuisance.
8. In June 2024, Miss X was placed on the waiting list for noise monitoring equipment for a third and final time. In September, it wrote to her advising she was top of the list, however it did not receive a response.
9. In December, Miss X contacted them and asked for noise monitoring equipment. The Council contacted her and arranged to install the equipment in January.
10. When the officer arrived at Miss X’s home to install the equipment on the appointed day, Miss X advised she did not want it installed.
11. So, in response to Miss X’s complaints the Council installed noise monitoring equipment, reviewed the recordings and found the noise did not amount to a statutory noise issue.
12. The role of the Council is to take reasonably practicable steps to investigate when a person living in their area complains about a potential noise issue. By writing to the neighbour , installing noise monitoring equipment and reviewing the sound recordings, I am satisfied the Council has taken practical steps in this case.
13. I understand Miss X is dissatisfied with the Council’s actions, but there is no evidence to suggest fault in the way it decided there is no statutory noise nuisance.

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Final decision

14. We will not investigate Miss X’s complaint because the is insufficient evidence of fault in the way the Council responded to her reports of noise and decided there is no statutory noise nuisance.

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Investigator's decision on behalf of the Ombudsman