Summary: We will not exercise discretion to investigate this complaint about noise nuisance in 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to take action against his neighbours for noise from a washing machine which he says causes his head and legs to pound from the noise. He complained in early 2023 about the noise and he says the Council has dismissed his complaints and later reports without taking action.

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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 of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X reported noise from domestic appliances at his neighbour’s property which he says was disturbing his enjoyment of his home. The Council investigated his complaint and officers visited his home and his neighbour. The Council installed noise monitoring equipment in Mr X’s home as well as visiting when he said he could hear the noise.
7. The Council wrote to Mr X in March 2023 and told him it had found no evidence of a statutory nuisance and it was closing the case as it could take no further action. Mr X made a further complaint in October about the same issue and also about loud music. He did not complain to us until June 2024.
8. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking. In this case Mr X did not complain to us within 12 months from when the case was closed.
9. We would not expect the Council to re-investigate the same noise complaint which he repeated in October as it had already concluded that this was not a statutory nuisance. The Council asked Mr X to provide diary sheets for the new mention of loud music being played but he failed to return any. The Council closed the case in November.
10. The Environmental Protection Act 1990 places a duty on councils to investigate reports of nuisance and to take reasonable steps to investigate any complaints of statutory nuisance that it receives. In this case the Council investigated the reports and its officers concluded no nuisance was identified. There is no duty to serve a notice if the Council decides there is no statutory nuisance, as in this case. These notices carry a right of appeal to the magistrates court and the resident can appeal if they believe the notice was unreasonable or incorrectly served.

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Final decision

11. We will not exercise discretion to investigate this complaint about noise nuisance in 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman