The Ombudsman's final decision
Summary: We cannot investigate Ms X complaint about the Council’s failure to take enforcement action against noise and light pollution affecting her. This is because Ms X has commenced legal action against the Council about these matters which places the complaint outside our jurisdiction.
The complaint
The complainant, who I refer to as Ms X, complains about the Council’s failure to take enforcement action to address noise and light nuisance affecting her.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The restriction highlighted at paragraph 3 applies to Ms X’s complaint. She has commenced legal action against the Council in connection with the noise and light nuisance she is experiencing and by law we cannot investigate the complaint.
Final decision
We cannot investigate this complaint. This is because Ms X has commenced legal action against the Council which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman