Summary: The Ombudsman does not propose to investigate Dr X’s complaint about a zebra crossing outside their house. This is because the complaint is late and there is no reason Dr X could not have complained earlier.

The complaint

1. The complainant, whom I shall call Dr X, complains about a zebra crossing outside their house. Dr X says the crossing means they cannot access off-road parking, has affected the value of the house, and lights from the crossing cause a disturbance.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Dr X’s complaint to the Ombudsman and the information they provided. I gave Dr X the opportunity to comment on a draft statement before reaching a final decision on their complaint.

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What I found

5. Dr X’s family bought their property in 2010. The Council installed the zebra crossing in 2011. Dr X says their mother contacted the Council in 2011 and Dr X complained in 2018. Dr X says the crossing means they cannot access off-road parking, has affected the value of the house, and lights from the crossing cause a disturbance. In its response to Dr X’s complaint, the Council said the crossing had been in place for seven years and it had followed the proper process when it installed the crossing. The Council had installed bollards to stop cars illegally parking on the ‘driveway’ at the front of Dr X’s property and to keep pedestrians safe. The Council refused Dr X’s claim for compensation.
6. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. I see no reason why Dr X could not have complained to the Council and Ombudsman much earlier. The exception at paragraph 3 therefore applies to this complaint.

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Final decision

7. The Ombudsman will not investigate Dr X’s complaint. This is because the complaint is late and there is no reason Dr X could not have complained earlier.

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Investigator's decision on behalf of the Ombudsman