Summary: Mr X complained the Council failed to take action against his neighbour for noisy building works during 2022. I ended this investigation because Mr X’s complaint is late, and we are unlikely able to add to the Council’s investigation or achieve anything further for Mr X than its offer of £100.

The complaint

1. Mr X complained the Council failed to take action against his neighbour for noisy building works and dust which took place during 2022. He said the constant noise caused him and his family distress.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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

4. I considered Mr X’s complaint and the information he provided.
5. I considered information from the Council.
6. Mr X and the Council had an opportunity to comment on the draft decision. I considered comments before making a final decision.

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What I found

Relevant law and policy

7. The Control of Pollution Act 1974 (The Act) gives powers to councils to regulate activities which may cause pollution to the environment. As part of The Act, councils have the power to restrict working hours on construction sites and can serve notices imposing restrictions on how construction works are carried out. The Act allows individual councils to determine the hours in which noisy works are allowed to take place which applies to both large sites and household construction works.
8. The Council’s website sets out its policy with regards to construction noise and when construction work is allowed in its area. It advises residents to give neighbours advance warning of the any planned works and the duration of them. It says the operating hours permitted in its area for noisy works are:
• Monday to Friday 8am – 6pm.
• Saturday 8am – 1pm.
• Sunday and bank holidays – no noisy works permitted.

What happened

9. Mr X and his family live in a semi-detached house. During 2022 his neighbour, Y, began renovation and construction work on the adjoining property.
10. Mr X raised concerns about his neighbour’s works in mid-2022 and records show correspondence with the Council’s enforcement officer, Officer Z.
11. Mr X summarised his concerns as:
• Y’s construction work was causing noise, which was affecting all the family’s health and wellbeing, including that of his disabled sister.
• Noise levels during the day were over 100 decibels.
• Y was ignoring Mr X’s request to minimise the noise.
• Y had agreed to start works later but had breached that agreement with Mr X.
• The construction workers had said works would cease by certain dates, but this had not happened.
• Y’s building work was taking place on weekends after the permitted hours.

Mr X sent in audio and video recordings of the noise he was experiencing.

12. Officer Z told Mr X construction noise was allowed during the day and reminded him of the relevant hours. He said noise during this time would not amount to a statutory nuisance as it is permitted under The Act. Officer Z was satisfied all was in order.
13. Records show the building work finished at the end of 2022.
14. Mr X complained to the Council in July 2023 about the lack of action during 2022. The Council provided a stage 1 response in January 2024 and a final response in March 2024. The final response acknowledged poor communications and that it did not fully respond to Mr X’s online submissions about the noise in 2022 and offered Mr X £100 in recognition of this. It stood by its original stance that noisy works are permitted during relevant hours.
15. Mr X complained to us in May 2024.

My findings

16. We expect people to complain to us within twelve months of them becoming aware of a problem. Mr X’s substantive complaints occurred in mid-2022 and therefore his complaint is late. We cannot investigate late complaints unless we decide there are good reasons. There are no good reasons to investigate this matter because Mr X was aware of the matters in 2022 but did not complain to the Council until July 2023 and us until 2024. Although the Council delayed responding to Mr X’s complaint, he could have complained to us much earlier. The passage of time also makes it more difficult to establish the material facts with reasonable confidence and reach a sound and fair judgement. I see no good reason to investigate Mr X’s complaint about matters from 2022 now.
17. In any case, further investigation is unlikely to add to the Council’s investigation or achieve anything further. The building work subject to Mr X’s complaint ceased at the end of 2022 and the Council has already accepted shortcomings in its communications at the time and has offered a suitable remedy in line with our guidance.
18. For the reasons explained above I have decided to end this investigation.

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Final decision

19. I ended this investigation because it is late, and we are unlikely be able to add anything further to the Council’s investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman