Summary: We will not investigate this complaint about how the Council has dealt with his concerns about a young person living with a family in a neighbouring property. This is because he does not have consent to complain on behalf of the young person or their family.

The complaint

1. Mr X complains about how the Council has dealt with concerns that a young person living with their family in a neighbouring property is not receiving appropriate support from mental health services. Mr X says the young person makes a lot of noise late at night. He says he feels the family is letting the family down and that noise from the family is disturbing he and other neighbours.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I cannot investigate Mr X’s complaint that a young person is not receiving adequate support from the Council. This is because he does not have consent to act on behalf of that person or their family.
8. Mr X complains that the noise made by the family is disturbing he and other neighbours. In responding to Mr X’s complaint, the Council told Mr X how he could raise a noise complaint with its environmental services. I have seen no evidence that such a report has been made or that Mr X has raised any complaint about how environmental services has dealt with the matter. Therefore any complaint about this matter is premature as the Council would first need the opportunity to address the matter through its complaints procedure.

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Final decision

9. We will not investigate Mr X’s complaint because he does not have consent to act on behalf of the young person or their family.

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Investigator's decision on behalf of the Ombudsman