Stoke-on-Trent City Council (24 017 815)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 03 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of reports of a barking dog. This is because there is no evidence of fault by the Council so it does not warrant us investigating.
The complaint
- Mr X complains about how the Council has handled reports made by a neighbour about Mr X’s dog barking.
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 no enough evidence of fault.
(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 Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council has unfairly dealt with a neighbour’s reports of his dog barking, and that these reports were false.
- The Council says that it has investigated the matter fairly in line with its standard practice and has now closed the case, as there have been no further reports made nor concerns identified.
- By law councils must take reasonably practicable steps to investigate reports of possible nuisance including noise. They cannot dismiss reports of noise disturbance without doing this. The Council has investigated enough to be able to decide to take no action, so it is not at fault. (section 79 Environmental Protection Act 1990)
- I recognise the effect of these events on Mr X was distressing, but we cannot hold the Council responsible for the neighbour’s actions in reporting noise.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence of Council fault so it does not warrant our further involvement.
Investigator's decision on behalf of the Ombudsman