Summary: We will not investigate this complaint about the Council’s failure to carried out highway work it agreed to do in 2015. The complaint is late and we have seen no reason to exercise discretion and investigate it now.

The complaint

1. Ms X complains the Council has failed to complete highway improvement work to the entrance of the development where she lives.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X says the Council promised to complete highway improvement works before she bought her plot in 2015.
7. The Council apologised for the delay in carrying out work. It says it became aware the original works were not compatible with the existing road layout. Therefore in 2021 it completed alternative works.
8. Ms X has known about the failure to complete the agree work for ten years. She has been aware the alternative work was completed 4 years ago.
9. The law says a complaint must be made to the Ombudsman within one year of the person becoming aware of the problem. Therefore Ms X’s complaint is late. From the information I have seen she has been in contact with the Council for some years about work at her property. I have seen no good reason why she could not have complained to us much sooner.
   
   Final decision
10. We will not investigate Ms X’s complaint because it is made too late.

Back to top

Investigator's decision on behalf of the Ombudsman