The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to properly respond to Mrs X’s reports of noise nuisance. This is because there is not enough evidence of fault to justify investigating.
The complaint
Mrs X complained the Council did not properly consider her reports of noise nuisance. Mrs X stated that she cannot use her garden or conservatory due to constant disruptive noise from a neighbouring business. Mrs X would like the Council to act to reduce noise disturbance to her property.
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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Environmental Protection Act 1990 places a duty on councils to investigate reports of nuisance and to take reasonable steps to investigate any complaints of statutory nuisance that it receives. However, the Council may consider that a nuisance is not being caused.
Mrs X complained to the Council about noise nuisance from the garden play area of a nearby nursery following an extension to the nursery building.
The Council in its complaint response stated it was satisfied that the planning officer visited the site and assessed impact of the proposed extension on neighbouring properties in terms of noise.
The Council stated that it visited Mrs X’s property and the nursery site following Mrs X’s noise complaints. The Council noted the nursery had tried to mitigate the noise levels by allowing the children to be outside for limited periods and asking staff to do what they can to avoid excessive noise. The Council told Mrs X it did not regard the noise from the nursery to be a statutory nuisance.
The Council informed Mrs X how she could pursue private action against the company responsible for the noise.
We cannot overrule the Council’s decision on whether or not to take action. It isn’t our role to say whether the noise that someone is complaining about is a nuisance in law or whether action must be taken to reduce it. Only a qualified officer can decide if there is a statutory nuisance.
The Council visited Mrs X and the nursery business to consider the reported noise nuisance. It wrote to Mrs X to set out why it did not regard the noise from the nursery to be a statutory nuisance. There is not enough evidence of fault to justify our involvement.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman