The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s assessment of his noise nuisance complaint. There is not enough evidence of fault to justify us investigating.
The complaint
Mr X complained to the Council about a constant, low‑frequency vibration in his home that he says has been continuing for more than a year. The Council investigated his complaint and decided the noise did not amount to a statutory nuisance.
Mr X disagrees with the Council’s findings. He says the noise and vibration badly affect him and his wife and they have spent a lot of money trying to reduce it, but the problem continues.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 Mr X and the Council.
I also considered the Ombudsman’s Assessment Code.
My assessment
Councils must take reasonable steps to investigate reports of possible statutory nuisances under the Environmental Protection Act 1990. Investigating a nuisance involves trained officers gathering evidence, which may include diary sheets, noise‑monitoring equipment, or site visits. Officers then assess factors such as the timing, duration, and intensity of the issue and use their professional judgement to decide whether a statutory nuisance exists.
The evidence I have seen shows the Council investigated Mr X’s noise complaint by: considering his noise nuisance diary; visiting his home on three occasions, at different times of day and night, to monitor the noise and carry out physical inspections; engaging with both Mr X and his neighbour, including visiting the neighbour’s property to assess the reported noise and vibration; and using sound‑level meters and subjective assessments to measure noise and vibration inside and outside Mr X’s home.
The Council did not identify any unacceptable noise or vibration and decided his complaint did not amount to a statutory nuisance.
I am satisfied the Council took reasonable steps to assess Mr X’s noise complaint and that investigation by us is not warranted. I recognise Mr X says he continues to experience vibration, but the law requires councils to consider whether the issue would affect the average person. As the Council did not detect significant noise or vibration on assessment, it was entitled to decide there was no statutory nuisance. Because there was no evidence of fault in how the Council reached its decision, I cannot question the outcome.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman