The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Ms X’s reports of noise nuisance from neighbours. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, says the Council did not carry out an adequate investigation into the noise nuisance from neighbours she reported. She says it is unacceptable she has been told the noise is day-to-day living noise and not a statutory nuisance.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about noise nuisance from neighbours slamming doors and running up and down stairs. Council officers visited Ms X and were given access to the neighbours’ property. They attempted to recreate the noise heard by Ms X by running up and down the stairs in the neighbouring property. However, while different officers attempted to be as loud as possible, the noise heard was considered to be minimal and nothing beyond day-to-day living noise. It advised Ms X of its findings and that it had no grounds to take further action.
While this is disappointing for Ms X, I have seen no evidence to suggest there has been fault by the Council. It visited both properties but the noise heard was deemed to be minimal and normal everyday living noise. It is not our role to question decision taken by councils if they have followed the right steps and considered the relevant evidence and information and an investigation by the Ombudsman is unlikely to find evidence of fault.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman