The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s response to noise and anti-social behaviour complaints made by Mr X in 2020. The complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X says he complained about noise from a neighbour’s motorcycle in 2020 which he says led to an incident involving injury to a family member when she was injured by a horse. He believes the Council should have taken action and served a community protection notice for anti-social behaviour.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says noise from a neighbour’s motorcycle led to a family member being injured by a horse affected by the noise in 2020. Mr X had complained about the noise to the Council previously but it did not consider this to be a statutory nuisance. Mr X believed it could also be anti-social behaviour. the Council opened a case on this this but made no conclusions before the accident. He made a formal complaint about this in March 2021 but it was not upheld.
In response to his complaint the Council told Mr X that the incident was a civil matter and was not a matter which it could consider. Mr X has already taken action in the civil courts over his neighbour’s conduct.
We will not exercise discretion to consider this matter now. Mr X says he was aware of the nuisance from the motorcycle in 2019 and it was considered by the Council in 2020. There is insufficient evidence to suggest that he could not have complained to us sooner
Final decision
We will not exercise discretion to investigate this complaint about the Council’s response to noise and anti-social behaviour complaints made by Mr X in 2020. The complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman