Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to take sufficient action over noise nuisance and anti- social behaviour in Mr X’s neighbourhood. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to take sufficient action over his complaints about noise nuisance and anti-social behaviour (ASB) in his neighbourhood. He says his sleep and enjoyment of his home are affected by noise from people in the area into the early hours. He wants the Council to take action instead of dismissing his claims over the past four years.

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

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My assessment

5. Mr X says he has made complaints about anti-social noise in his area for several years. The Council has investigated and carried out noise monitoring but it does not consider there is any statutory nuisance or the anti-social behaviour threshold has been reached for it to take action. Mr X has not identified individuals or particular sources of the disturbance.
6. The Council undertook an ASB case review of the situation in July 2024 following persistent complaints by Mr X. it concluded that there were no grounds for action and the case was closed. Mr X appealed to the office of the Police and Crime Commissioner at the time but was unsuccessful in changing the decision.
7. We will not investigate this complaint which is late because it was received outside the normal 12-month period for making a complaint. I have seen no evidence to suggest that Mr X could not have complained to us sooner.
8. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s failure to take sufficient action over noise nuisance and anti- social behaviour in Mr X’s neighbourhood. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman