Summary: We will not investigate this complaint from 2023 about the safety of a pedestrian refuge island. This is because the complaint is late and there are no good reasons for us to exercise discretion.

The complaint

1. In 2023, Mr X complained to the Council about issues with a pedestrian refuge island.

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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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In July 2023, Mr X complained to the Council about issues with a pedestrian refuge island.
8. In November 2023, Mr X first complained to the Ombudsman. We closed the complaint as premature. We asked Mr X to contact us again when he received a final complaint response from the Council.
9. The Council sent Mr X a stage one complaint response.
10. In June 2025, Mr X complained again to the Ombudsman about the matters raised with the Council in 2023. He said the Council failed to comply with its legal duties regarding the pedestrian refuge island. He said the Council should carry out a full safety review of the pedestrian refuge.
11. Mr X’s complaint from 2023 is late. We will not investigate this complaint because there are no good reasons for us to exercise discretion. In late 2023, we explained to Mr X that he should contact us again after receiving the Council’s final complaint response. Mr X did not escalate his complaint with the Council beyond stage one. Mr X could have done so and complained to us much sooner if he wished for us to consider issues from 2023.
12. So far as Mr X’s complaint concerns a more recent request for the Council to carry out a safety review of the pedestrian refuge, this complaint is premature. It is open to Mr X to make a fresh complaint to the Council about this. If he remains unhappy with its final complaint response, he may then make a new complaint to the Ombudsman.

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Final decision

13. We will not investigate this complaint from 2023 about the safety of a pedestrian refuge island. This is because the complaint is late and there are no good reasons for us to exercise discretion.

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Investigator's decision on behalf of the Ombudsman