Council decision not to fully investigate business property noise complaint wrong, Ombudsman finds

A decision by Gloucester City Council not to fully investigate a noise complaint because it did not involve a private residence has been criticised by the Local Government and Social Care Ombudsman.

The complainants complained to the Ombudsman about the way the local authority investigated their initial complaints about noise being made by a neighbouring business to theirs.

They reported banging loud enough to shake the walls and light fittings. On several occasions, this had driven customers away from their own business, they said.

Despite this, the council told them it could only investigate noise affecting people in their place of residence – not businesses. This was wrong, according to the Ombudsman.

Officers visited the neighbouring business premises and spoke with the owner informally about noise insulation, but the owner said he could not afford this.

The council encouraged the complainants to engage in mediation with their neighbour and to take private action if this did not improve matters.

The Ombudsman's investigation found the council should have carried out a proper investigation of the couple's reports before deciding whether a statutory nuisance had taken place. Instead, it decided to take informal action without any intervention.

Paul Najsarek, Local Government and Social Care Ombudsman, said: "I am concerned the council had already decided no statutory nuisance had taken place before setting foot in the property, and has since tried to retrospectively justify this decision rather than making an open-minded, balanced enquiry into the case."

He added: "While I cannot say the council would have come to a different conclusion had it taken the proper route, its inaction has left the couple frustrated and not feeling properly heard.

"I am pleased the council has agreed to my recommendations to apologise to the couple, and to improve its policies and practices going forward."

The council has agreed to apologise and pay the couple £250 each for the frustration they have suffered in light of the investigation's findings.

It has also agreed to start a fresh investigation if it receives further reports of noise nuisance about the business.

In addition, it will circulate guidance to staff highlighting the errors the Ombudsman has found in its practice.

A spokesperson for Gloucester City Council said: "We accept the findings of the Local Government Ombudsman and have taken their comments on board, which includes sharing their guidance with staff.

"Our officers work hard to investigate all complaints received in a fair and impartial manner and we apologise for any distress that may have been caused."

Adam Carey