Summary: We will not investigate this complaint about the Council’s enforcement against those who drive over footpaths and verges. This is because the complaint is late without good reason to exercise discretion to investigate it now and any injustice is not significant enough to justify our involvement.

The complaint

1. Mr Y complained the Council has failed to carry out enforcement action against other drivers in his area who he says are unlawfully driving across footpaths and verges to park.
2. Mr Y says he applied for permission and in line with the Council’s process paid for a vehicle crossover. He feels disadvantaged for having followed the Council’s process where others have not, where the Council is then not acting.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

7. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

8. Mr Y says he has been aware of the issue and submitting complaints about the problem to the Council for eight years. He says he has not been happy with the lack of action taken by the Council. He has provided us with a complaint response from the Council in both 2020 and 2025.
9. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
10. Mr Y’s was aware of his reason to complain about the Council’s actions when he became unhappy with the Council response to his complaints, originally about eight years ago. He was also aware when he received the Council’s response to his complaint in 2020, which was also more than 12 months ago. Consequently, his complaint is now late.
11. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner. Consequently, we will not exercise discretion to investigate this late complaint now.
12. Further, our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
13. In this case, while Mr Y may feel disillusioned and annoyed, he has not suffered a serious loss, harm or distress. As Mr Y’s alleged injustice is not significant enough to justify our involvement, we will not investigate.

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Final decision

14. We will not investigate Mr Y’s complaint because it is late without good reason to exercise discretion to investigate it now and any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman