Decision : Closed after initial enquiries
Decision date : 20 Mar 2018
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about material used by the Council to surface a road in 2013. The complaint is made too late.
- The complainant, Mr B, has complained about the material used by the Council to surface a road in 2013.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mr B said in his complaint and he commented on a draft before I made this decision.
What I found
- Mr B says the material used by the Council to surface a road in 2013 did not comply with the recommendation of an Inspector at a public inquiry in 1990.
- Mr B says he, and others, have been in contact with the Council since 2013 but he remains unhappy with the situation.
- Mr B complained to us in February 2018.
- Mr B was clearly aware of the matter in 2013 and he should have complained to us within 12 months of that time. While I appreciate he has been seeking to resolve the matter, there is no exceptional reason I should exercise discretion to investigate his complaint now.
Investigator's decision on behalf of the Ombudsman