Summary: We will not investigate this complaint about the diversion signage and arrangements in place during roadworks. Mr X’s complaint is late, and we have seen no good reason why he could have complained to us sooner. Mr X also complains about the way the Council considered his complaint. We consider it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

The complaint

1. Mr X complains the Council failed to deal with his complaint according to its complaint procedure. He also says the Council failed to carry our equality impact assessments or make reasonable adjustments.

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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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My assessment

6. Mr X first complained to the Council in July 2025 , about diversions in place during roadworks carried out the previous January. He stated that if his complaint not resolved to his satisfaction, he would escalate his complaint to the Ombudsman.
7. The Council provided a stage one response in July. It confirmed if he wanted to escalate his complaint, he should do so within ten days of receipt of its letter.
8. Mr X did not escalate his complaint until December. The Council issued a final response in March 2026.
9. The law says a complaint must be made to us within 12 months of the person becoming aware of the problem, not from when you first complain to the Council or the date of the Council’s last response. Mr X was aware of the problem with the roadworks in January 2025. He did not complaint to the Ombudsman until March 2026. Therefore, his complaint is late.
10. I have considered whether to exercise discretion and investigate this late complaint. However, Mr X chose not to complain to the Council for at least six months from becoming concerned about the roadworks that took place in January. He mentioned the Ombudsman, so he was aware of our service. Mr X did not escalate his complaint for five months. I have seen no reason why he could not have complained to us sooner.
11. Mr X also complains about the Council’s failure to follow its complaint procedure. We consider it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

12. We will not investigate Mr X’s complaint because it is late and I have seen no reason why he could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman