Summary: We will not investigate Mrs X’s complaint about pollution and odours in her home. The complaint has been made late, and it would have been reasonable for Mrs X to complain sooner.

The complaint

1. Mrs X complains the Council failed to investigate her reports of pollution and odours in her home.

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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 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)

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How I considered this complaint

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

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My assessment

6. In 2023 Mrs X make a report to the Council of smoke, fumes and odours in her home. Mrs X complains the Council failed to investigate her report.
7. The Council say they completed an investigation but found no evidence of smoke, fumes or structural defects in Mrs X’s property that would allow for odours from her neighbour.
8. Mrs X first contacted the Council about these matters in 2023. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mrs X did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.

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Final decision

9. We will not investigate Mrs X’s complaint because it has been brought to us late.

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Investigator's decision on behalf of the Ombudsman