Summary: The Ombudsman will not investigate Mr B’s complaint concerning the designation of his road about which he has been in dispute with the Council over a number of years. This is because the issue complained about is too old for the Ombudsman to consider and the complaint falls outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Mr B, complains about the Council’s view of the status and ownership of the road his property is on.

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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. In considering the complaint I spoke to Mr B and reviewed the information he provided.

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What I found

4. Mr B has been in dispute with the Council about the status and ownership of the road which his property sits on for a number of years. The dispute goes back at least as far as 2011.

Assessment

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. The time restriction highlighted at paragraph 2 applies to this complaint as the issue is an old one. There are no grounds which warrant exercising discretion and it is too late now for the Ombudsman to investigate the complaint

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Final decision

6. The Ombudsman will not investigate the complaint because the issue complained about is too old for the Ombudsman to consider and the complaint falls outside our jurisdiction.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman