Summary: We will not investigate this complaint about the Council’s involvement in the building of a link road which Mr X wants closed to HGV traffic. This is because the complaint is a late complaint and so falls outside our jurisdiction.

The complaint

1. Mr X complains about the Council’s involvement in the building of a link road which runs alongside his property and which is used by HGV traffic to the detriment of local residents. He says he wants the road closed to all but residents and their visitors with other traffic rerouted along other roads.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council, including its response to the complaint.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council, as the Highway Authority, was consulted by the borough council, the Planning Authority, a number of years ago in connection with a proposed large housing development.
9. As part of the planning process, the Council required the building of a new road to act as a link road connecting an A road and an industrial estate with HGV and commercial traffic expected to use the new road to ease congestion on the A road.
10. Mr X complained to the Council about the link road and the negative impact its use had on his amenity in 2021. It responded to his concerns explaining its role in the planning process and that it was satisfied the road had been constructed to suitable standards for all users. It made clear it would not support any proposal to restrict commercial traffic along the route because this was one of the reasons it had been built.
11. The restriction highlighted at paragraph 3 applies to this complaint. The Council completed its consideration of Mr X’s complaint about this matter at the end of 2021 and it is too late now for us to consider it when Mr X could have reasonably complained to us sooner.
12. Moreover, even if Mr X had complained to us sooner, it is not our role to act as a point of appeal against decisions properly taken by councils. We cannot question the decisions councils take if they have followed the right steps and considered the relevant evidence and information. So, while Mr X may not agree with the siting of the road and its use, particularly by commercial traffic, this is not evidence of fault by the Council.

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Final decision

13. We will not investigate Mr X’s complaint because the complaint is a late complaint and so falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman