Summary: We will not investigate this complaint about the Council’s investigation of a report of a noise nuisance. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant became aware of the noise concerns nine years ago. The complaint is therefore late, and we have seen no reason why the complainant could not have contacted us much sooner.

The complaint

1. The complainant, I shall call Mr X, complains about the way the Council considered his report of a noise nuisance caused by the ventilation system of a restaurant.

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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 Mr X.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr X’s complaint because it too late. If he has new concerns about changes to the ventilation system, he can made a new noise report for the Council’s consideration or report a possible breach of planning control.

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Investigator's decision on behalf of the Ombudsman