The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council has failed to assess his reports of noise nuisance caused by a motorbike being ridden at speed down his street and being revved up. The Council is taking appropriate action to assess the situation.
The complaint
Mr X complains the Council has failed to take action to stop noise nuisance caused by a motorbike being driven at speed down his street every day and night. Mr X says the noise is very loud due to the revving engine. Mr X says the Council told him to report to the police, but the police say only the Council can deal with it. Mr X says the noise is annoying, disturbs him, and disrupts his sleep. He wants the Council to take some action.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we are satisfied with the action the Council has taken or proposes to take.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I have considered Mr X’s information and comments and discussed the complaint with him by telephone. I have considered the Council’s complaint reply letter to Mr X dated 13 June 2022.
My assessment
I will not investigate this complaint for the following reasons: I am satisfied the Council is taking action to assess Mr X’s reports of noise nuisance. Mr X tells me noise monitoring equipment has recently been installed at his property and the police have spoken to the motor bike driver. The Council has provided Mr X with diary sheets to document any noise incidents. I have advised Mr X to complete the diary sheets and return promptly to the Council.
We could not assess any injustice without knowing the outcome of the Council’s actions. If the matter is not resolved and Mr X disagrees with the Council’s assessment he may complain again to this office.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council has failed to assess his reports of noise nuisance caused by a motorbike being ridden at speed down his street and being revved up. The Council is taking appropriate action to assess the situation.
Investigator's decision on behalf of the Ombudsman