Summary: We will not investigate Mr X’s complaint about the Council’s decision not to install barriers across a footpath near his house. This is because the complaint is late and there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council has refused to install barriers to stop motorcyclists from riding along a public footpath.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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 information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X first raised the issue of nuisance motorcyclists with the Council in November 2017. It responded at the time explaining why it did not intend to install barriers and setting out the difficulties with this doing so, but agreed to consider the matter further.
7. Mr X chased the Council and complained about its failure to address the issue in May 2019. He exhausted the Council’s complaints procedure and the Council referred Mr X to us in September 2019. However Mr X did not complain to us until February 2023; his complaint is therefore more than two years late. I have seen no good reasons for the delay in bringing the matter to us and I have therefore decided not to exercise our discretion to investigate the complaint.
8. However, even if the complaint was in-time it is unlikely we would investigate it. This is because we are not an appeal body. The Council has explained the reasons it will not install barriers along the footpath and although Mr X disagrees with the Council the law does not allow us to criticise its judgement.
9. The injustice Mr X claims is also the result of the illegal actions of third parties, rather than the Council’s actions (whether fault or not). Mr X has reported the matter to the police and if the issue persists he should continue to raise the issue with them.

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Final decision

10. We will not investigate this complaint. This is because it is late and there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman