Summary: We will not investigate Ms X’s complaint about the Council’s handling of her reports of noise nuisance or its refusal of a cross Borough transfer. This is because the complaint is late.

The complaint

1. Ms X complained the Council refused a cross borough transfer request in 2020. She also complained about its handling of her reports of noise nuisance form a neighbour in 2022.

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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)
4. 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)

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How I considered this complaint

5. I considered information provided by Ms X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X said she moved to this Council area, after becoming homeless in another council area, Council B, in 2019. This move meant she was no longer eligible to remain on Council B’s housing register. She said she was advised to request a cross Borough transfer, which she said this Council refused in 2020.
8. We usually expect people to complain to us within 12 months of the events complained about. Ms X complained to us in April 2024, which means it is late. I have seen no evidence to show she could not have complained to us earlier, so there is no reason to exercise discretion to investigate this late complaint.
9. In any case, we are not an appeal body. Unless there was fault in the way the Council made its decision, we could not comment on it. If there was fault, we could ask the Council to reconsider its decision, but it is too late to do so now.
10. Mrs X has also provided details of a complaint about noise nuisance from a neighbour in a flat above hers, which the Council considered in 2022. Its complaint response indicates its tenancy managers handled the noise reports, although there was a joint visit with environmental health. There is no evidence the Council decided the noise amounted to a statutory nuisance, but it did offer a potential solution, which the neighbour declined. It also offered to arrange mediation, which Ms X declined, and agreed to consider a management transfer. It said such a move would not be through its housing register as that would involve a long waiting time.
11. Again, this complaint is late and there is no evidence to show Ms X could not have complained sooner, so no reason to exercise discretion to investigate now. In any case, the Council’s environmental health team carried out a home visit to consider whether the noise amounted to a statutory nuisance, which is the action we would expect. The Council’s complaint response indicates it handled the reports in its capacity as a manager of social housing and also in that capacity it considered a management transfer. We cannot investigate complaints about the Council’s actions when it is acting as a manager of social housing.
12. For these reasons, we will not investigate this complaint further.

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Final decision

13. We will not investigate Ms X’s complaint because it is late and because part of the complaint relates to the Council acting as a manager of social housing.

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Investigator's decision on behalf of the Ombudsman