The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to act against her noisy neighbours. The Council says it will write to the complainant to ensure they understand what information is required and how this will be used. If a specific noise is relatively constant or predictable, it intends to visit the premises. We are satisfied with the Council’s proposed actions.
The complaint
The complainant, I shall call Miss D, says the Council has failed to deal with her complaints about her noisy neighbours.
The Ombudsman’s role and powers
We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered information provided by the Miss D and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss D has provided information to the Council about noise from her neighbours. In response the Council advised its opinion is that noise from slamming doors, loud footsteps, bangs, and thuds are part of daily living. It does not consider such noise to be a statutory noise nuisance and cannot take any action about this.
However, Miss D also reported vibration noise, possibly from the neighbour’s fish tank. The Council told Miss D it would contact her neighbour about this. It did not.
In response to my enquiries, the Council accepts that it raised Miss D’s expectations by telling her it would write to her neighbour. It confirms that it will write to Miss D about the noise from the fish tank. It will ensure she understands what information it requires and how it will use it. It says if the noise from the fish tank is relatively constant or predictable it intends to assess the noise with a visit to the premises as soon as possible.
The Council also says it will review its guidance on diary sheets to ensure it is easier to understand what information is required and what purpose the diary sheets serve. It will benchmark the diary sheets against those used by neighbouring councils.
Final decision
We will not investigate Miss D’s complaint because we are satisfied with the actions proposed by the Council.
Investigator's decision on behalf of the Ombudsman