Summary: We will not investigate Mr and Mrs X’s complaint about the Council’s handling of anti-social behaviour and noise complaints. It is too late for us to investigate some of the period complained of. There is not enough evidence of fault in the Council’s handling to justify us investigating the remaining period. We also cannot achieve the outcome the complainants want.

The complaint

1. Mr and Mrs X complain about the Council’s failure to properly address anti-social behaviour (ASB) and noise nuisance by their neighbour since 2021. Mr and Mrs X say this forced them to move out of their home in late April 2024. Mr and Mrs X allege their tenants have also experienced ASB and noise nuisance from their neighbour. Mr and Mrs X believe this has prevented them from reletting their property. Mr and Mrs X want the Council to compensate them for the costs they incurred with moving out and selling their property at undervalue.

Back to top

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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr and Mrs X say they started experiencing problems with their neighbour in Spring 2021. They raised concerns with the Council at the time about issues with their neighbour’s garden maintenance and then about ASB and noise. The Council’s correspondence with Mr and Mrs X since then has explained:

• the action the Council took to ensure the neighbour addressed garden maintenance issues; and,
• the steps the Council took to obtain evidence of ASB and noise nuisance, including offering to help Mr X with using its online noise nuisance reporting system and offering to install static noise monitoring equipment.

8. We usually expect people to complain to us within 12 months of the events they are complaining about. We can exercise discretion to consider late complaints if there is good reason to do so. I have not enquired whether there is a good reason, because even if we investigated it is unlikely we would find evidence of fault.
9. In April 2024, Mr and Mrs X moved out of their property and rented it to tenants. Mr and Mrs X complain the Council’s failure to address the ongoing issues with the neighbour meant their tenants chose not to extend their tenancy beyond six months. Mr and Mrs X say they have been unable to relet their property due to their neighbour’s behaviour and the Council’s inaction.
10. Mr and Mrs X have since sold their property. They have asked the Council to reimburse the costs they believe they incurred because of the Council’s fault/inaction. This includes lost rent, depreciation of their property’s value and the costs of improvements to and rental of alternative accommodation. Mr and Mrs X’s total claim for compensation to the Council exceeds £24,000. This amount of compensation is significantly higher than the level of remedy payment we are typically able to recommend where we find fault.
11. The legislation from which we take our power places restrictions on what we can investigate. One of these concerns negligence claims about damage to property, losses or personal injury. We cannot determine liability claims for negligence. These are legal claims which can only be determined by insurers or the courts. We are not able to decide liability or award damages. Consequently, any claim for damages, such as the costs Mr and Mrs X consider the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr and Mrs X to pursue their claim for costs incurred through the courts. We will not investigate this complaint.

Back to top

Final decision

12. We will not investigate Mr and Mrs X’s complaint because part of it is too late for us to investigate and we cannot achieve the outcome the complainants want for the remainder.

Back to top

Investigator's decision on behalf of the Ombudsman