Sheffield City Council (21 008 531)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 27 Oct 2021
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner about inconsiderate parking and the highway kerbs on her street.
The complaint
- Miss X complained about the Council lowering highway kerbs near her home which has led to vehicles driving on the footway and causing obstruction by parking close to her driveway entrance. She has been complaining for three years but the Council does not accept there is a problem and will not place any restrictions to prevent this.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says in recent years the Council has lowered the kerbs on part of her road which allows vehicles to be easily driven over the pavement and cause risk to pedestrians and her property. The Council says it has not altered the kerbs when the road was partially resurfaced, and the parking restrictions remain the same on a nearby junction.
- Miss X says she has been complaining about the pavement issues for several years since the works took place. We will not exercise discretion to consider this matter now as Miss X has been aware of the problem for more than the 12-period for submitting complaints to us. The Council is the highway authority and it decides whether infrastructure should be replaced or if new parking regulations should be introduced.
Final decision
- We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner about inconsiderate parking and the highway kerbs on her street.
Investigator's decision on behalf of the Ombudsman