Summary: We will not investigate this complaint about the Council’s failure to act on the complainant’s reports of noise nuisance. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is made too late, and we have seen no evidence to suggest the late rule should not apply.

The complaint

1. Mr X complains the Council failed to listen to him and act on his reports of noise nuisance. He says he is now suffering from poor health and wants to know when the work will finish. He would also like a financial payment so he can go somewhere to rest.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

Final decision

6. The law says a complaint must be made to us within twelve months of Mr X becoming aware of the issue. The Council’s final response to Mr X clearly states the reasons why it will not take action and refers to his right to contact the Ombudsman. It also advises he should contact us within a year.
7. We will not investigate Mr X’s complaint as it is late, and we have seen no reason why he could not have contacted us much sooner.

Back to top

Investigator's decision on behalf of the Ombudsman