The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to a report of noise nuisance. The Council responded, investigated, and decided to take no action. It also investigated Ms X’s complaint about this matter and further investigation by us would not lead to a different outcome.
The complaint
Ms X said the Council was wrong not to deal with her complaint about noise from a nearby business premises as a statutory noise nuisance. She also said it should have served an abatement notice for any noise occurring between 11pm and 7am. Ms X said the ongoing noise has caused her disruption.
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about its response to an ongoing disturbance caused by a nearby business premises. She was also unhappy because previous visits by the Council’s Environmental Health Officers (EHO) about the same matter, had done nothing to stop the noise.
In its complaint reply, the Council highlighted the following: An EHO investigated, and visited her and the premises to witness the noise; it decided the noise was not a statutory noise nuisance, and; it spoke to the management at the premises to get it minimise any noise.
During the subsequent complaint investigation, the Council also offered to revisit Ms X at an appropriate time. Because of the Council’s response and the actions it has taken and offered to take, further investigation by us would not lead to a different outcome.
Final decision
We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman