Stockport Metropolitan Borough Council (24 015 574)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 20 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council considered Mr X’s reports of noise nuisance. There is not enough evidence of fault in the Council’s actions.
The complaint
- Mr X complains the Council refuses to act on his reports of noise nuisance from noisy vehicles.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X reported to the Council that he was suffering from noise from his neighbours’ vehicles. He submitted diary sheets detailing when the noise nuisance occurred.
- The Council established from the diary sheets the noise occurred when his neighbours were on the road, leaving from and returning to their homes.
- The Council told Mr X that as the noise was caused by traffic on the street it does not meet the criteria for a statutory noise nuisance. It suggested he report the matter to the police
- Mr X complained to the Council as the police had referred him back to the Council.
- The Council confirmed it has no powers on modified cars. Statutory nuisance does not cover general road noise when a person is starting their car and driving down the road or returning home. It also advised the Road Vehicles (Construction and Use) Regulations 1986 apply and if the cars exhaust have been modified the Driver and Vehicle Standards Agency has a role.
- Mr X is not satisfied with the Council’s actions. He says the Council should have considered action under the Noise Act. However, action under the Noise Act is discretionary.
Final decision
- We will not investigate Mr X’s complaint as there is not enough evidence of fault in the way the Council considered his reports of noise nuisance.
Investigator's decision on behalf of the Ombudsman