Summary: We will not investigate this complaint about a highways matter because it is late without good reason to exercise discretion to investigate it now.

The complaint

1. Ms Y complained the Council has failed to assess and resolve her request for a pedestrian footpath outside her rental property. She is also unhappy with the Council’s lack of response to some of her complaint correspondence.
2. Ms Y is concerned for public safety as the house fronts directly onto a busy main road without a pavement.

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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)
5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

6. I considered information Ms Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

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. Ms Y’s has told us she has been writing to the council about this matter since 2022. She has therefore been in aware of her reason to complain about the Council’s lack of action in the matter for more than 12 months ago. Consequently, her complaint is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons.
9. Ms Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. As she was able to write to the Council about the matter, we can see no reason why she was unable to contact us. It is reasonable to expect her to have complained sooner. Consequently, there is no good reason to exercise discretion to investigate this late complaint now and we will not investigate.
10. As we are not investigating the substantive issue, it is not a good use of public funds to investigate how the Council handled or responded to Ms Y’s complaint. We will not investigate.

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Final decision

11. We will not investigate Ms Y’s complaint because it is late without good reason to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman