Decision details

Matter for Decision

The Local Government & Social Care Ombudsman (LGO) found there was fault by the Council “but not causing injustice”, in relation to how the Council investigated a noise complaint from a large item of commercial equipment within the city.

The LGO found the Council at fault for how it initially investigated the noise complaint, which it determined to not be a statutory nuisance. However, this did not cause the complainant a personal injustice, as the Council subsequently acted without fault in its further noise investigation work relating to the commercial equipment; and which came to the same conclusion, ie it was not a statutory noise nuisance.

There was no legal definition of a statutory noise nuisance, but further general information on this subject matter may be found in the footnote below.

The LGO also formally accepted that all the identified service improvement actions, offered by the Council to the complainant, had been fully actioned by the Council.

Decision of Executive Councillor for Climate Change, Environment & City Centre

Noted the findings of the Local Government & Social Care Ombudsman in respect of this case and the actions taken by the Council in response to these findings.

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

Scrutiny Considerations

The Committee received a report from the Environmental Health Manager.

The Environmental Health Manager said the following in response to Members’ questions:

      i.         This was the first complaint against the Noise Complaint Service referred to the LGO, or upheld by LGO.

    ii.         The Noise Complaint Service received several complaints which officers triaged to ascertain if they were statutory noise issues that the Council could take action against. The Council were unable to take action against other noise types.

   iii.         The complaints received by Environmental Service were generally because people were unhappy about something affecting them, not because they were unhappy with the Noise Complaint Service.

  iv.         Officers usually visited on their own noise sources that were the subject of a complaint. A colleague was taken if the situation became more serious and a second opinion was required. A second officer was not requested by the (lone) officer investigating the noise in this complaint.

    v.         It was down to an Officer’s professional opinion if noise was designated as a statutory nuisance or not.

The Committee unanimously resolved to endorse the recommendation.

The Executive Councillor approved the recommendation.

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.