Summary: We will not investigate this complaint about the Council’s decision to approve a highway improvement scheme near the complainant’s home. This is because parts of the complaint are late. It is unlikely we would find fault with the remaining issues complained about and it is not yet possible to say if the complainant has suffered any injustice in relation to the Council’s handling of a planning application.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the Council’s decision to approve a highway improvement scheme near his home. Mr X says he is no longer able to safely access his property and believes the matter will get worse if the Council approves a large residential development proposed for the land behind his property.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

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 have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered his comments in response.

Back to top

What I found

5. Mr X has complained about the Council’s decision to approve a highway improvement scheme near his home in the early 2000s. He says a junction has been built in an unsuitable location and he cannot enter or leave his home safely as a result. Mr X says highway safety was not properly considered at the time and he has since commissioned his own Road Safety Audit (RSA) to support this.
6. The junction Mr X has complained about was approved over 10 years ago. Therefore, I consider this part of the complaint late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X was aware of the scheme and raised his concerns at the time. I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
7. I understand Mr X has been in correspondence with the Council about the matter for some time. But, even if I could say we should exercise discretion to consider Mr X’s concerns, my decision not to investigate would be the same as it is unlikely I would find fault by the Council.
8. RSAs were carried out at the time to assess the suitability of the scheme. There have also been further audits since and no highway safety concerns were raised in relation to the access to Mr X’s home. The Council has also considered the RSA Mr X commissioned and explained why this does not change its opinion regarding the safety of the road. I understand Mr X disagrees, but the Council was entitled to use its professional judgement in this regard. As the Council properly considered the highway improvement scheme it is unlikely I could find fault.
9. Mr X has also raised concerns about recent changes to the road and plans to introduce a new traffic light system. He says the new system will create further safety issues. The Council has said the scheme involves upgrading the technology in the existing lights and the area outside Mr X’s home will not be impacted. It says RSAs were carried out and no concerns have been raised. I understand Mr X disagrees, but as the Council properly considered the scheme it is unlikely I could find fault in this regard.
10. Mr X has also raised concerns about a planning application which has recently been submitted for a residential development near his home. He says the development will cause further highway safety issues and prevent him from building an alternative access at the rear of his property. However, I cannot yet say if Mr X has suffered any significant injustice in this regard as the planning application has not yet been determined and therefore it is not known if it will be approved.

Back to top

Final decision

11. We will not investigate this complaint. This is because parts of the complaint are late. It is unlikely we would find fault with the remaining issues complained about and it is also not yet possible to say if Mr X has suffered any injustice in relation to how the Council has dealt with a planning application.

Back to top

Investigator's decision on behalf of the Ombudsman