The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action on the reports of noise nuisance. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is made too late and there is no reason the complainant could not have contacted us much sooner.
The complaint
Ms X complains the Council refuses to take enforcement action against noise from a school close to her home.
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 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Ms X’s complaint because in 2022, the Council advised Ms X there is no provision in legislation for taking formal action against a school for noise caused by children’s voices, at play or during lessons. It also confirmed there is no breach of planning control. Her complaint is therefore late and there is no reason why Ms X could not have contacted us much sooner.
Investigator's decision on behalf of the Ombudsman