Summary: We will not investigate this complaint about the Council’s delay in repairing a pavement. This is because part of the complaint is late and the Council has agreed to repair the path.

The complaint

1. Ms X complains it has taken since August 2019 to build a new pavement outside her address and it still remains unfinished. This has left Ms X and her children with no safe crossing options. Ms X would like the pavement to be repaired and for the Council to apologise to her.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (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)

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X did not complain to the Ombudsman about what happened until November 2021. Therefore part of the complaint is late. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Ms X to have complained to us about these issues sooner. Therefore we will only consider what happened since November 2020.
7. The Council has already apologised for the slow response to Ms X’s complaint. The Council says there have been delays for the essential gas upgrade works in the area due to the impact of the pandemic and the COVID-19 restrictions. The Council says work has now restarted and it is revising a works programme to complete all of the works including the tree planting and footway construction. The Council says the intention is to carry out the outstanding gas works in January 2022 and complete the rest of the work opposite Ms X’s property. The Council suggested to Ms X it meets her on site to go through all of the issues raised face to face.
8. Work to re-open the footway opposite Ms X’s property was carried out in November 2020. The Council says it has already removed a large quantity of encroaching vegetation but it will investigate further if required. The Council says it will plant the new trees once the construction work is complete in order to give the trees the best chance of survival.
9. The Council has apologised for the delays and has set out further actions it proposes to take and agreed to meet Ms X. This is in line with our Guidance on Remedies and it is unlikely an investigation by the Ombudsman would result in a different outcome.

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Final decision

10. We will not start an investigation because part of the complaint is late and it is unlikely an investigation would result in a different outcome.

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Investigator's decision on behalf of the Ombudsman