Summary: We will not exercise discretion to investigate this complaint about noise from a Council vehicle wash. This complaint 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

1. Mr X has been complaining about Council employees using a Council vehicle wash to wash their own cars, adding to the noise disturbance from the facility which he lives near. He says the Council has refused to investigate his complaint sand that it has only referred him to complain to the operators.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council’s responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained the Council in 2022 and 2023 about noise from the use of a vehicle wash near his home which he says causes disturbance. The Council advised him to contact the operators of the wash directly because its environmental services department could not take action over noise nuisance against a council facility under the law. It said it may take disciplinary action against identified personnel but it could not disclose anything about this to him as a third party.
7. Mr X says his complaints to the operators in 2024 have only resulted in personal abuse or have been ignored and he wants further action.
8. Mr X has been aware of the problem for more than 12 months but did not complain to us until July 2024. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking. We will not investigate this complaint now.
9. Case law has determined that Council’s cannot take enforcement action against themselves under the Environmental Protection Act 1990 legislation. However, s.82 of the Act has provision for anyone affected by statutory nuisance to take their own action against the perpetrators.

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Final decision

10. We will not exercise discretion to investigate this complaint about noise from a Council vehicle wash. This complaint 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.

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Investigator's decision on behalf of the Ombudsman