Summary: We will not investigate Mr X’s complaint that the Council failed to respond to his report of noise nuisance and his formal complaint. There is insufficient injustice to warrant an investigation. Part of the complaint is late, and we cannot investigate complaints about tenancy management by social landlords. We also cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complains the Council failed to respond to his reports of noise disturbance and his formal complaint. He says this caused him to move house and financial and emotional strain. He would like compensation for the costs he incurred by moving house and reinstatement on the housing register with his previous banding.

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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 complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. 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:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. 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 the council has done. (Local Government Act 1974, sections 26B and 34D, as amended).

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How I considered this complaint

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

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My assessment

8. Mr X complains he has experienced noise nuisance for over 10 years. He says deliveries to a neighbouring commercial building cause the noise.
9. Mr X says he continued to report noise disturbances to the Council through 2024. He reported noise disturbances in January 2025, but the Council did not respond. He then complained formally, but the Council refused to accept his complaint.
10. The Council responded to his complaint in January 2026. It said the Ombudsman had already considered the issue, and it would not consider another complaint about the same matter. It also said the condition of Mr X’s current property was a matter for his social landlord.
11. Our previous decision covered the period up to December 2023. Mr X continued to report noise disturbances throughout 2024. This was a separate issue. Mr X complained to us on 9 January 2026, so issues before November 2025 are late. I have seen no reason why Mr X could not have brought them to us sooner.
12. Mr X reported noise disturbances to the Council on 2 January 2025 relating to November 2025. The Council did not respond to his email. But this delay was too short to cause significant injustice. It is unlikely the Council could have made progress with the building operators before Mr X moved out. There is insufficient justice to warrant further investigation.
13. Mr X says the Council is responsible for the costs he incurred from moving house and should reimburse him for them. We cannot say the Council is responsible for these costs because Mr X chose to move into a new property. We cannot achieve the outcome he wants.
14. Mr X says his new home has a lot of issues. This part of the complaint relates to tenancy management by a social landlord. As such, the restriction set out in paragraph 3 applies and we cannot investigate it.
15. Mr X wants the Council to reinstate him on the housing register with his previous banding. If Mr X wishes to pursue the issue he should raise a new complaint with the Council about it now. In the event Mr X remains dissatisfied once the Council has provided a final response he may bring the matter back to us and we will consider whether to investigate it.

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Final decision

16. We will not investigate Mr X’s complaint because there is insufficient injustice to warrant an investigation. In addition, part of the complaint is late, and we cannot investigate complaints about tenancy management by social landlords. We also cannot achieve the outcome Mr X wants .

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Investigator's decision on behalf of the Ombudsman