Summary: We will not investigate Mr X’s complaint that the Council failed to investigate his report of statutory noise nuisance in summer 2023 because the complaint is late. We will not investigate the remainder because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council failed to investigate his reports of statutory noise nuisance in summer 2023.
2. Mr X said the matter caused him distress and frustration.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X wrote to the Council in summer 2023. He said he provided new evidence of statutory noise nuisance. The Council responded the following day and told Mr X the matter he complained about had already been investigated and responded to.
9. Mr X complained to the Council in May 2024. He said the Council failed to consider his new evidence.
10. The Council responded the following month. It told Mr X it had previously investigated his noise reports, but did not find evidence of a statutory nuisance. It told Mr X it would not reinvestigate the matter unless there was a significant change in the noise levels he experienced. It told Mr X to contact its environmental health team if there has been a significant change.
11. Mr X complained to the Ombudsman in April 2025. Mr X said the noise nuisance persists.
12. In response to the Ombudsman’s enquiries the Council said it had not received any additional information from Mr X since its complaint response.

Analysis

13. We will not investigate Mr X’s complaint. Mr X was aware of the issues he complained about in summer 2023. He did not complain to the Ombudsman until April 2025. The complaint is more than 12 months old and is therefore late. I have seen no good reasons Mr X could not complain sooner. Consequently, we will not investigate any matter before April 2024, which is 12 months prior to Mr X bringing the complaint to the Ombudsman.
14. The Council told Mr X if he has evidence of a significant change in the noise levels he can contact its environmental health team. The Council told the Ombudsman it has not received any new information since its complaint response. It is therefore unable to act.
15. There is insufficient evidence of fault in the Council’s response to warrant an investigation. If Mr X has fresh evidence of ongoing noise nuisance, it is open to him to submit it to the Council via the Council’s statutory noise nuisance procedure.

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Final decision

16. We will not investigate part of Mr X’s complaint because it is late. We will not investigate the remainder because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman