Summary: We will not investigate Mrs X’s complaint about noise and other issues from highway improvements. The complaint is late and there is no good reason to exercise discretion and investigate now.

The complaint

1. Mrs X complains about noise and other issues, particularly at night, when improvements were made to a main road near to where she lives.
2. Mrs X says this caused her and her husband to experience both physical and psychological distress. She would like compensation.

Back to top

The Ombudsman’s role and powers

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

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Works to a main road near Mrs X’s property began in 2023. From the beginning of the project, Mrs X says she and her husband experienced noise, light pollution, vibrations and other issues. She says things were particularly difficult from August to November 2024 when the contractor carried out work at night.
8. Mrs X complained to us in November 2025. This means all events other than those which took place in the latter part of November 2025 are late because they took place over 12 months ago.
9. We can exercise discretion to investigate old complaints. However, I can see no good reason to do so. I appreciate Mrs X came to us promptly after receiving the Council’s final response, but the law says the time period starts from when someone was aware of the matters being complained about. Mrs X was aware of what was happening at the time and so could have come to us earlier.
10. With regard to the period that may be in time, we will not investigate. That is because the period is so short there would not be enough injustice to warrant an investigation.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because it is late.

Back to top

Investigator's decision on behalf of the Ombudsman