Summary: We will not investigate this complaint about the Council’s failure to make local bus stops accessible to wheelchair users. 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 late, and we have seen no reason why the complainant could have contacted us much sooner.

The complaint

1. Mr X complains the Council has failed to make bus stops on a local bus route accessible to wheelchair users.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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Final decision

6. We will not investigate Mr X’s complaint. The law says a complaint must be made to us within twelve months of becoming aware of the issue, not within twelve months of complaining to the Council. Mr X confirms he was aware of the matter in 2019, approaching the Council and the local press at the time. He did not complain to the Council until 2023 when he was advised of his right to approach the Ombudsman. The complaint is therefore late ,and we have seen no reason why Mr X could not have contacted us much sooner.

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Investigator's decision on behalf of the Ombudsman