Cornwall Council (26 000 241)

Category : Transport and highways > Other

Decision : Closed after initial enquiries

Decision date : 28 Jul 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports of a dangerous tree and obstructions. This is because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

The complaint

  1. Mr X complained the Council failed to act and maintain a dangerous tree. He said it previously maintained it and accepted the tree was dangerous. He said it now refuses to complete maintenance work and states it is not the Council’s responsibility.
  2. Mr X also complained that a short section of the lane he lives on does not have double yellow lines and vehicles cause obstructions. He said the Council refused to extend the double yellow lines.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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 complain

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will not investigate this complaint. On review of Mr X’s correspondence regarding the matters with the Council, it is clear he began to raise the issues in April 2024. Mr X did not complain to us until April 2026. We expect a person to complain to us within 12 months of being aware of a matter and therefore this complaint is late, and there is no good reason to exercise discretion to investigate it now.

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Final decision

  1. We will not investigate Mr X’s complaint because the complaint is late and there is no good reason to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman

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