The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s investigation into reported noise coming from a nearby premises. The Council has taken reasonable steps to investigate the matter, and it is unlikely we would find evidence of fault in the Council’s actions.
The complaint
Mr X complains that a nearby sports premises is creating noise and says the Council has not thoroughly investigated the matter. He says the noise is disrupting his sleep and his quality of life. Mr X wants the Council to conduct a noise assessment of the premises.
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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Following reports of noise by Mr X, the Council installed noise monitoring equipment on two occasions. On both occasions, the Council decided that the noise being recorded did not constitute a statutory nuisance.
Additionally, the Council added Mr X to the out of hours service which Mr X used on four occasions. The Council decided each time that there was no further evidence to support Mr X’s allegations that the noise constituted a statutory nuisance.
We will not investigate this complaint. While Mr X is unhappy with the Council’s decision not to investigate further, it is not our role to decide whether noise constitutes a statutory nuisance or to tell councils how to exercise their enforcement powers. We can only look at whether the Council properly considered the complaint and took reasonable steps. The Council acted in line with its statutory duties: it visited the site, installed noise monitoring software, and added Mr X to the out of hours service. It has also explained the limits of its powers. There is insufficient evidence of fault to warrant further investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault in how the Council investigated the matter.
Investigator's decision on behalf of the Ombudsman