Summary: We will not investigate this complaint about the Council’s consideration of Ms X’s reports of building control and noise concerns at her neighbour’s property. Her complaints are too late, and we have seen no reason why she could not have complained to us much sooner. Also, I have not seen enough evidence of fault in the way the Council considered her report of unprofessional conduct by officers to justify an investigation on this point.

The complaint

1. Ms X complains the Council has failed to resolve her concerns about structural and safety matters affecting her and her neighbour’s properties.
2. She also complains
• Her neighbour carried out noisy demolition work to the interior of the house in 2024; and
• Council officers have acted in an unprofessional manner.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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 there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

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

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My assessment

8. Ms X says there has been an active investigation into a steel beam in her neighbour’s property since 2018.
9. The information from the Council states the steel beam was installed in 2005. It says the officer had no concerns at the time but did ask for more information.
10. The Council also confirms it inspected the neighbouring property and:
• It has no concerns about the structural integrity or the works undertaken by her neighbour.
• Any work to the dividing wall between Ms X’s home and her neighbour’s property are party wall matters and therefore are civil issues for Ms X to resolve with her neighbour and the Council cannot intervene.
• It provided diary sheets for Ms X to complete regarding reports of noise.
• It has also offered to inspect Ms X’s home.
11. The law says a complaint must be made within 12 months of the complainant becoming aware of the matter. Ms X complained to us in September 2025. Therefore, Ms X’s complaints about events which took place before September 2024 are made too late. This includes her complaints concerning the steel beam, noisy demolition work and the Council’s decision not to take action against any work carried out by her neighbour before September 2024. We have seen no reason why she could not have come to us much sooner about these issues.
12. Also, I have not seen enough evidence of fault in the way the Council considered her reports of unprofessional conduct to justify an investigation into this point.

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Final decision

13. We will not investigate Ms X’s complaint about events occurring before 2024 as they are made too late. I have not seen enough evidence of fault in the way the Council considered her concerns about officer conduct to justify an investigation.

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Investigator's decision on behalf of the Ombudsman