The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s noise nuisance investigation because we are unlikely to find fault and it is reasonable to expect the complainants to use their right of appeal.
The complaint
Mr and Mrs L complain the Council harassed them through its noise nuisance investigation and unjustly served a noise abatement notice.
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, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr and Mrs L and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’. If a council finds a statutory nuisance it must serve an abatement notice.
The Council says it met this duty and investigated properly. On the documents seen, I do not consider there is enough evidence of fault to justify us investigating.
A person who receives an abatement notice has a right to appeal it in a magistrates’ court.
If Mr and Mrs L disagreed with the Council’s decision to serve an abatement notice, I consider it would have been reasonable for them to have appealed.
Final decision
We will not investigate Mr and Mrs L’s complaint because there is not enough evidence of fault and it is reasonable to expect them to appeal.
Investigator's decision on behalf of the Ombudsman