The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s response to Ms X’s complaints about neighbour nuisance and the approval of a neighbour’s planning application in 2019. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
The complaint
Ms X complained about the Council’s investigation of her complaint about neighbour noise nuisance which it closed without taking action in Jun 2021. She also complained about the Council’s approval of a neighbour’s planning application in 2019 which she says resulted in damage to the roots of her boundary trees.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained about her neighbour causing noise nuisance in 2021. She says she is subjected to shouting indoors and outdoors and various noises of appliances which disturbed her sleep. The Council investigated and concluded in June 2021 that there was insufficient evidence of a statutory nuisance.
Ms X also complained about the Council approving a planning application by her neighbour which she says resulted in damage to the root system of her boundary trees. The Council closed her complaint in 2021 after it decided that she had an opportunity to object in 2019 and there have been no new planning applications since that time.
Both of Ms X’s complaints relate to matters which were investigated or decided by the Council more than 12 months previous to her complaint to us. There is no evidence to suggest that Ms X could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s response to Ms X’s complaints about neighbour nuisance and the approval of a neighbour’s planning application in 2019. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman