The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a noise complaint. This is because there is not enough evidence of fault to justify investigation.
The complaint
Mr X complains the Council: Did not resolve his complaints of noise nuisance in 2021; Wrongly told him he could file a civil claim against his neighbour; Did not complete its noise nuisance investigation properly in 2023; and Did not take offer him suitable support following its investigation.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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 first reported noise nuisance to the Council in 2021. He says the Council investigated and did not take suitable action. I will not consider this matter as it is over 12 months late and there is no good reason to investigate now.
Mr X became aware he had been provided with wrong information by the Council over 12 months ago. I will not investigate because it is late and there is no good reason to investigate now.
Mr X is unhappy with the outcome of the Council’s investigation into his complaint of noise nuisance. The Council asked him to complete diary sheets recording the noise. It found the noise described was because of poor insulation and did not amount to statutory nuisance. There is no evidence of fault in how the Council made its decision and therefore we cannot question the outcome.
Following its investigation, the Council advised Mr X to contact his housing provider for assistance with the poor insulation. It also told Mr X he could apply for a housing inspection which includes noise levels and other hazards to check his housing meets legal standards. There is not enough evidence of fault to investigate further.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman