The Ombudsman's final decision
Summary: We will not investigate this complaint from Mr X about how the Council has managed matters concerning a statutory nuisance caused by a neighbouring company. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X reports a statutory nuisance caused by a neighbouring company. Mr X says the Council should have pursued enforcement action under Section 146 of the Law of Property Act but failed to do so. Instead, it issued a noise abatement notice. Mr X says this delay left him exposed to ongoing noise and the nuisance continues to harm his physical and mental health.
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)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council mishandled his noise complaint which left him exposed to ongoing statutory noise. The Council chose to use an abatement notice instead of using its powers as a landlord to issue a section 146 notice.
It is up to the Council to decide which legislation it uses to deal with a problem and has done so in this case after seeking legal advice. I will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement. In the absence of fault, we cannot question the merits of the Council’s decision making.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman