The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has done nothing to resolve Mr X’s reports of noise nuisance and that it has no empathy towards him. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X says he is hyper-sensitive to noise and that while he has raised this matter with the Council, it has done nothing to resolve the noise nuisance he experiences from his neighbour and he says it shows him no empathy. He wants to move to his own property or have the neighbour moved.
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. (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 Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
We have previously considered complaints from Mr X about the Council’s handling of his complaints of noise nuisance and how it has not taken into account his own particular circumstances whereby he is hyper-sensitive to noise. It has been explained to Mr X on a number of occasions that, by law, it is not open to the Council to take his particular sensitivity to noise and vibration into account when deciding whether there is a statutory noise nuisance. This is because the law requires the average person be considered and not a complainant’s particular circumstances. There is, therefore, no fault by the Council in failing to take Mr X’s sensitivity into account in determining whether a statutory noise nuisance exists.
Mr X says he wants to move away from the noise and vibration he hears and the Council has confirmed to him that it is working to rehouse him. It has met with him, his advocate, his interpreter and his councillor and explained its position to him. It has confirmed he is on the Housing Register and that he can bid for suitable properties. There is no evidence to suggest fault by the Council in its handling of this matter.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman