Summary: We will not investigate Mr X’s complaint about the Council not taking enforcement action to prevent noise from a nearby construction scheme. Mr X has taken legal action against the Council on the matters complained of so by law we cannot investigate.

The complaint

1. Mr X lives near a development in the Council’s area. He complains the Council failed to take proper enforcement action for several months from mid-2025 to protect him from construction noise from the site.

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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 a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information from Mr X and the Council, and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X states in his complaint that he has taken legal action. Officers have confirmed Mr X’s legal claim, which it has defended, is against the Council regarding the noise enforcement matters, and the case is listed for a hearing.
6. We cannot investigate a complaint if someone has started court action about the matter complained of. The law which gives us our powers, the Local Government Act 1974, does not allow us to do so.

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Final decision

7. We cannot by law investigate Mr X’s complaint because he has started and is taking legal action against the Council on the matters complained of.

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Investigator's decision on behalf of the Ombudsman