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

The complaint

1. Mr Y complained the Council failed to provide any compensation scheme for disruption to residents living next to a road construction scheme, including noise, dust and repeated road closures.
2. Mr Y says the works have led to disruption, extended road closures causing inconvenience and pollution from dust covering his car, house and windows. Mr Y says this has caused upset and disruption for a lengthy period.

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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)

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How I considered this complaint

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

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My assessment

6. 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.
7. Mr Y’s was aware of his reason to complain about the Council’s actions when he complained to the Council about it not having a compensation scheme, which the Council responded to intiially in May 2024, more than 12 months before he approached us in October 2025. Consequently, his complaint is now late.
8. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner. Consequently, we will not investigate this late complaint now.

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Final decision

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

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman