Summary: We will not investigate this complaint about the Council’s actions concerning a new housing development close to Mrs X’s home. Her complaints are too late, and we have seen no reason why she could not have complained to us much sooner. Also, there is not enough evidence of fault in the way the Council dealt with her complaint about a lack of enforcement of the permit restrictions on the road where she lives.

The complaint

1. Mrs X complains the Council:
• Failed to protect residents when it approved a new housing development.
• Failed to require the developer to follow the original plans and install a turning circle and parking.
• Failed to consult residents before moving a new playground.
• Fails to enforce the school streets restrictions.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. 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

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

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My assessment

7. The Council granted planning permission for the housing development in 2014. Mrs X lives opposite the site and has been aware of the matter for some years. The law says a person must complain to the Ombudsman within 12 months of becoming aware of the cause of their complaint. Therefore, this part of Mrs X’s complaint is late and there is no reason why she could not have complained to us much sooner.
8. Mrs X confirms the playground has been in its location for more than seven years and the turning circle in its present form has been in place since 2022. Therefore, the restriction described in paragraph three also applies to these parts of her complaint, which are also made too late.
9. Mrs X also complains the Council is failing to enforce the school streets programme.
10. The street where Mrs X lives is restricted to permit holders only between 8.30am - 9.10am and 2.45pm – 3.25pm during the week.
11. The Council has explained that it has no enforcement powers against those who breach the restrictions and this is a matter for the police. It has advised it will increase the presence of road safety officers and the number of enforcement officers to ensure road users do not breach keep clear sections outside schools.
12. As it does not have enforcement powers to use against those who breach the permit restrictions, I have not seen enough evidence of fault in the Council’s actions.

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Final decision

13. We will not investigate Mrs X’s complaint because the parts of her complaint concerning the:
• planning permission
• playground location; and
• turning circle

are made too late.

14. We have not seen enough evidence of fault in the Council’s actions regarding breaches of the school streets permit scheme.

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Investigator's decision on behalf of the Ombudsman