London Borough of Bromley (25 018 390)

Category : Environment and regulation > Antisocial behaviour

Decision : Closed after initial enquiries

Decision date : 08 Apr 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council responded to Mr X’s reports of building waste on his property. This is because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

The complaint

  1. Mr X complained the Council failed to properly investigate a serious statutory nuisance concerning spreading of fibre and resin from a neighbouring property. He said the Council’s complaint investigation contained errors. He said he remained concerned his neighbour may repeat hazardous behaviour and the process has caused him stress. He would like the Council to ensure future nuisance investigations follow proper procedures.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X complained to the Council in May 2025 about building waste which had come into his garden from a neighbouring property.
  2. The Council investigated Mr X’s complaint and responded to him in May 2025. In its complaint response, the Council said advice and guidance had been given to Mr X’s neighbour, the neighbour had apologised and offered to arrange for waste to be cleared. The Council did not uphold Mr X’s complaint.
  3. Mr X was aware of the building waste issue in March 2024. Mr X did not complain to the Ombudsman until November 2025. Therefore, this is a late complaint and we should not investigate. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Mr X to have complained to us about the matter sooner.

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Final decision

  1. We will not investigate Mr X’s complaint because it is late and there are no good reasons to exercise discretion to investigate now.

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Investigator's decision on behalf of the Ombudsman

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