Epping Forest District Council (24 019 048)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 22 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about how the Council dealt with a noise nuisance from a neighbouring business. This is because the complaint is made late, and I see no good reason why it could not have been made sooner.
The complaint
- Ms X complains about noise and antisocial behaviour from a neighbouring business.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In December 2023, Ms X complained to the Council about how it had dealt with her reports of noise nuisance at a nearby business. The Council responded to her complaint addressing Ms X’s concerns about its involvement in the matter from 2021 until September 2023.
- I will not investigate Ms X’s complaint about how the Council has dealt with her reports of noise nuisance between 2021 and September 2023. This is because her complaint is made late, and I see no good reason why Ms X could not have raised the matter with the Ombudsman sooner.
- Ms X has told the Ombudsman that the issues are ongoing. We may be able to deal with a complaint about how the Council has dealt with more recent matters, but she will first need to raise these concerns with the Council via its complaints’ procedure.
Final decision
- We will not investigate Ms X’s complaint because it is made late, and I see no good reason to exercise discretion and consider it now.
Investigator's decision on behalf of the Ombudsman