Summary: We will not exercise discretion to investigate this complaint about the Council’s investigation of neighbour nuisance complaints and anti-social behaviour from 2021. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

The complaint

1. Miss X complained about nuisance and anti-social behaviour from her neighbour since 2021. She says that she involved the local police, mediation, the Council’s noise team and finally asked the Council to invoke the Community Trigger in July 2022. She has had no satisfactory action from the Council after her Trigger request was rejected in August 2022.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she and her partner have suffered from noise and anti-social behaviour from a neighbour since 2021. They say he burns rubbish in his garden, parks on their property and constantly disturbs them with domestic arguments and swearing. In 2021 and 2022 she says her partner was assaulted by the neighbour and the Police involved.
6. After the Police discontinued the case against her neighbour Miss X asked the Council to invoke the Community Trigger procedure in July 2022. The Council told her in August that her request did not meet the threshold of evidence for the procedure to be started. Miss X asked for a review of the case and in September the Council confirmed that it would not change the decision. It advised her to contact the Ombudsman in a letter of 26 October 2022. Miss X complained to us in November 2023 which is outside the 12-month period for receiving complaints.
7. The time for receiving complaints is from when you became aware of the matter you wish to complain about, not when you complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if you were dissatisfied with the time the complaints procedure was taking. Miss X was aware about the problems with her neighbour in 2021 and asked the Council to apply the Community Trigger in 2022. I have seen no evidence to suggest that Miss X could not have complained to us sooner.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s investigation of neighbour nuisance complaints and anti-social behaviour from 2021. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman