The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against Mr X’s neighbours’ construction works. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains the Council has failed to take enforcement action against neighbours whose construction work at their property over a number of years has substantially interfered with his enjoyment of his home.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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) 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, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about noise coming from his neighbours’ property from construction work which has been taking place over a number of years.
The Council told Mr X that while it sympathised with his situation, it had no powers to take enforcement action and issue the Abatement Notice Mr X had asked for. It explained there was little action it could take to address construction noise undertaken at reasonable hours during the day as there was no limit in law on how long construction work should take and it was accepted that, by their nature, such works will have an impact on those living nearby.
While the Council’s decision is disappointing for Mr X, there is no evidence to suggest fault affected it and no grounds on which to base an investigation.
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