Summary: We will not investigate this complaint about Footpath maintenance because it is late without good reasons for us to exercise discretion to investigate it now.

The complaint

1. Mr Y complained the Council has failed to properly maintain a footpath near his home. Mr Y says that as an elderly man, he struggles to use the footpath as a result of the poor maintenance.

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

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My assessment

4. Mr Y says in a complaint letter in 2024 that he has been complaining about the maintenance of the footpath since 2019.
5. 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.
6. Mr Y’s was aware of his reason to complain about the Council’s actions when he originally complained in 2019, more than 12 months ago. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph two where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner so we will not exercise discretion to investigate this late complaint now.

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Final decision

7. We will not investigate Mr Y’s complaint because it is late without good reasons for us to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman