Summary: We will not investigate this complaint about how the Council responded to Mr and Mrs X’s noise complaints. This is because the Council has agreed to pay Mr and Mrs X a financial remedy to recognise the impact delays in responding to this matter had on them.

The complaint

1. Mr and Mrs X complain the Council failed to deal with their complaints about their neighbour’s behaviour. Mr and Mrs X say they have been caused distress as a result of noise from the neighbouring property and threats made against them.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
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. Mr and Mrs X say they have been complaining to the Council about their neighbour’s behaviour since 2019. However they did not complain to the Ombudsman until May 2022. Therefore we will only considered the Council’s actions since January 2021.
7. We have the power to disapply this restriction where there are good reasons to do so. However, I cannot see why Mr and Mrs X could not have complained sooner if they were unhappy with the Council’s actions. Therefore, we will only consider what has happened since January 2021.
8. Mr and Mrs X live in temporary accommodation provided by the Council. However the accommodation is in another Council’s area (Council B). The Police have also been involved.
9. Council B and the Police are responsible for anti-social behaviour in the area where Mr and Mrs X live. However the Council has a responsibility for the suitability of the temporary accommodation and it has accepted there were delays in it responding to Mr and Mrs X’s concerns.
10. Mr and Mrs X have now agreed to mediation with their neighbour.
11. We have recommended the Council pays Mr and Mrs X £200 to acknowledge the unnecessary time and trouble and distress caused by the Council as a result of the delays it has identified. The Council has agreed to this recommendation and there is nothing further we can achieve from investigating this complaint.

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Agreed action

12. We have recommended the Council pays Mr and Mrs X £200 to acknowledge the unnecessary time and trouble and distress caused by the Council as a result of the delays it has identified. The Council has agreed to this recommendation.
13. The Council should arrange to pay this remedy within four weeks of our final decision.

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Final decision

14. We will not investigate Mr and Mrs X’s complaint because the Council has agreed to pay them a financial remedy and there is nothing further we can achieve.

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Investigator's decision on behalf of the Ombudsman