Summary: We will not investigate Mr X’s complaint about the Council’s handling of his reports of noise nuisance and anti-social behaviour from his neighbours. This is because his complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault, and an investigation would not lead to any worthwhile outcomes.

The complaint

1. Mr X complains about Council’s handling of his reports of noise nuisance and anti-social behaviour from his neighbours. He says the Council has refuse to acknowledge the harassment he has faced.

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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)
3. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

6. Mr X’s reports about noise nuisance and anti-social behaviour span over five years. This means Mrs X’s complaint is late as he is complaining about matters, which he was aware of at the time, that happened more than 12 months ago.
7. I do not consider there are any good reasons as to why Mr X could not have complained to us earlier. Therefore, I will not consider any matter that happened more than 12 months ago.
8. Even if I were to exercise discretion to consider the late complaint, I would not investigate this complaint. This is because we are not likely to find fault as the Council appropriately investigated Mr X’s concerns. The Council explained:
• It had spoken to other neighbours to get their accounts and to identify if other neighbours also shared concerns about noise levels.
• It had considered the noise app recordings made by Mr X but was satisfied they demonstrated noise levels to be expected within a flat environment.
• Counter allegations had been made against Mr X in relation to him allegedly perpetrating anti-social behaviour towards his neighbours.
9. The Council confirmed it was satisfied there was insufficient evidence to support Mr X’s view that his neighbours were targeting him, nor did the alleged anti-social behaviour meet the threshold for further action to be taken.
10. Regarding the Council’s actions within the last 12 months, an investigation is not justified. This is because:
• In April 2024, it awarded Mr X’s housing register application Band A priority in recognition of his needs and the impact living near to his neighbours had on his mental health and wellbeing. Band A was the highest priority band the Council could have awarded and so this demonstrated the Council was aware of Mr X’s needs and the impact his property was having on him. Therefore, an investigation is not justified as we are not likely to find fault.
• In March 2025, it rehoused Mr X into a more suitable property to meet his needs. As Mr X has now been rehoused, an investigation is not proportionate as there are no worthwhile outcomes achievable.

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Final decision

11. We will not investigate Mr X’s complaint because his complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault, and an investigation would not lead to any worthwhile outcomes.

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Investigator's decision on behalf of the Ombudsman