Summary: We will not investigate this complaint about a dropped kerb because the complaint is late without good reasons to exercise discretion to investigate.

The complaint

1. Mr Y complained the Council has failed to extend a dropped kerb outside his property which he believes is causing a safety hazard, despite him originally raising the issue since 2015.
2. Mr Y feels distressed by the issue and he is concerned there will be an accident outside his home after he has experienced several near misses when he has been leaving his driveway.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y says he originally raised the issue with the Council in 2015. The Council said the dropped kerb met the standards and requirements under the Council’s policy at the time it was installed. Mr Y then complained further in 2025. The Council responded, saying its response remained the same and that it had no plans to carry out any work on the dropped kerb outside Mr Y’s home.
7. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
8. Mr Y’s was aware of his reason to complain about the Council’s actions when he originally complained about the dropped kerb in 2015, more than 12 months ago. Consequently, his complaint is now late.
9. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner. Consequently, we will not investigate this late complaint.

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Final decision

10. We will not investigate Mr Y’s complaint because the complaint is late without good reasons to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman