The Ombudsman's final decision
Summary: We will not investigate this complaint about noise from a property below the complainant’s apartment. There is not enough evidence of fault to justify investigating.
The complaint
The complainant, who I shall refer to as Mr X, complains the Council refuses to carry out a new noise assessment following the relocation of a flue in the business below his home.
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 decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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 says the property below his apartment moved a flue which is now below his living room windows and balcony. He says the Council refuses to investigate to find out whether the flue is causing a statutory noise nuisance.
The Council confirms Officers have visited Mr X’s home. They advise they took notes, photos, and a video. The flue which Mr X refers to has not moved. A silencer has now been attached to the flue.
The Council has told Mr X it cannot take enforcement action based on evidence available. It has not identified any excessive noise levels inside Mr X’s home.
The Council’s environmental health officers decided the noise is not a statutory nuisance. The Council investigated in response to the reports and made a decision based on its officer’s judgement. We could not require it to take different action.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman