The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision not to continue with a complaint he made about a noise nuisance. This is because there is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council has failed to investigate a complaint he made about a noise issue. He says that despite raising multiple requests to the Council about the noise issue, the Council has taken no action against it despite this impacting his health.
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)) 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 the Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X made a complaint to the Council about a noise issue affecting his property in 2024.
In its response to the complaint, the Council wrote to Mr X’s neighbour to warn them about the noise issue. They had also invited Mr X to provide sound recordings of the issue.
The Council reviewed the recordings provided by Mr X and found they did not amount to a statutory noise issue.
The role of the Council is to take reasonably practicable steps to investigate when a person living in their area complains about a potential noise issue. By reviewing the sound recording provided by Mr X, I am satisfied the Council has taken practical steps in this case.
Also, I have reviewed the notes provided by the Council about the sound recording, which show that it has considered the decibel level of the noise. The note shows the decibel levels were not higher than the national levels set by the Government.
I understand Mr X is dissatisfied with the Council’s decision, but there is no evidence to suggest fault in the way it was made.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman