Summary: We will not investigate this complaint about how the Council dealt with the complainants reports of a noise nuisance and a business operating out of a property. This because these events happened too long ago, and I see no reason to exercise discretion now.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council dealt with his reports of a noise nuisance and his report of a business operating out of a residential property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

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. In late 2017, Mr X complained to the Council about how it had dealt with his report of a noise nuisance and that a business was operating out of a residential property. The Council responded in early 2018. In 2021, Mr X submitted a Subject Access Request relating to the same matter. He also submitted further complaints about these matters.
7. I will not investigate this complaint. This is because the events happened too long ago, and I see no good reason why Mr X could not have complained to the Ombudsman sooner.

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Final decision

8. I will not investigate Mr X’s complaint because the events happened too long ago, and I see no good reason to exercise discretion.

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Investigator's decision on behalf of the Ombudsman