Summary: We will not investigate Miss X’s late complaint about the Council’s action in approving a House in Multiple Occupation in 2020. There is no good reason why this complaint could not have been brought to us sooner. We also cannot achieve the outcome Miss X is seeking.

The complaint

1. Miss X says the Council approved and licensed a neighbouring property as a House in Multiple Occupation (HMO) in 2020. She believes the Council should not have granted the licence because the property lacks sound insulation, has an upstairs kitchen, and provides no communal space. She says she has suffered with significant noise issues affecting her health and wellbeing since. She asks the Council to make the property owner install proper sound insulation and move the upstairs kitchen to reduce noise disturbance.

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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 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. (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. The HMO was approved and licensed in 2020. Miss X did not complain to the Council about the suitability of the HMO approval until 2025. The Council declined to investigate her complaint as it was made outside the 12‑month time limit, and this was a decision the Council was entitled to make.
7. In relation to the ongoing noise concerns, the Council has passed these to its Environmental Health team to offer support and advice regarding noise nuisance. This is the appropriate process for dealing with such matters.
8. We will not investigate Miss X’s complaint as it is late. 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, we cannot achieve the outcome Miss X seeks.

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Final decision

9. We will not investigate Miss X’s complaint as it is late, and we cannot achieve the outcome she seeks.

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Investigator's decision on behalf of the Ombudsman