Summary: We will not investigate Mr X’s complaint that the Council has delayed in dealing with his 2021 request for it to apply to the Magistrates Court for a Stopping Up Order. This is because the complaint is late and there are no good grounds to exercise discretion to consider it now.

The complaint

1. Mr X complains the Council has delayed in dealing with his August 2021 request that it apply to the Magistrates Court for a Stopping Up Order under section 116 of the Highways Act 1980 in relation to a piece of land which has formed part of his garden for many years.

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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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate this complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mr X has clearly been aware of the matter for significantly longer than 12 months and the complaint could have been raised to us sooner. I see no good grounds to exercise discretion to consider this very late complaint now.

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Final decision

7. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman