Calderdale Metropolitan Borough Council (25 016 781)

Category : Transport and highways > Highway adoption

Decision : Closed after initial enquiries

Decision date : 10 Feb 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a dropped kerb. This is because the complaint is late and it would be reasonable for Mr X to have complained to us sooner.

The complaint

  1. Mr X complains the Council failed to properly deal with his complaints about a dropped kerb installed by his neighbour in 2021. He says the work did not meet the required standards.

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The Ombudsman’s role and powers

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

  1. I considered information provided by Mr X and the Council, and the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X first raised concerns about the dropped kerb in October 2021. The Council told him his neighbour had permission for the work but the dropped kerb did not meet the required specifications, and it would contact the neighbour. Mr X complained again in May 2024. The Council inspected the kerb, said it was safe and would take no further action.
  2. Mr X complained to us in November 2025, more than four years after his initial complaint to the Council. The complaint is therefore late. I have seen no good reason for the delay in bringing the complaint to us.

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Final decision

  1. We will not investigate this complaint. This is because the complaint is late and it would have been reasonable for Mr X to complain to us sooner.

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Investigator's decision on behalf of the Ombudsman

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