Summary: We will not investigate this complaint about the Council’s decision to close a layby for roadworks. This is because it happened more than 12 months ago and there is no reason why Mr X could not have complained to us sooner.

The complaint

1. Mr X complains the Council closed down a layby from which he has a license to trade without giving him any notice. Mr X says the layby was closed for longer than expected and he has lost income as a result.

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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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council closed part of a layby where Mr X trades in May 2019. Mr X says the entire layby as closed in July 2019.
6. Mr X did not complain to the Ombudsman until May 2021. This is over two years after the layby was partially closed. I can see no reason why Mr X could not have come to us sooner. Therefore, we will not investigate his complaint.

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Final decision

7. We will not investigate Mr X’s complaint because his complaint is late and there is no reason why he could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman