Summary: The Ombudsman will not investigate this complaint about markings at a bus stop created in December 2015. The complaint is made too late.

The complaint

1. The complainant, who I refer to here as Mr B, has complained that in December 2015 the Council created a ‘bus cage’ – yellow markings indicating a bus stop – outside a property he owns. He says this caused access problems and has decreased the amount of rent he can charge for his property. Mr B says the Council did not notify him about the bus cage in November 2015, despite saying it did, and should refund the rent he has lost since December 2015.

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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. It says 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 have considered what Mr B said in his complaint. This included a complaint he made to the Council in September 2020 and the Council’s response.

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What I found

4. Mr B was clearly aware of the bus cage in December 2015 because he says he has had to charge rent below the market rate since then. He should have complained to us by December 2016 but did not do so until September 2020. I have seen nothing to suggest there was any good reason he could not have complained earlier.
5. Further, I do not think we could establish now if the Council wrote to Mr B in November 2015 or whether any comments he may have made would have altered the outcome.

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Final decision

6. I have decided we will not investigate this complaint because it is made too late.

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Investigator's decision on behalf of the Ombudsman