Swindon Borough Council (24 007 610)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 23 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about action taken by the Council after it found the complainant was using their driveway without having a dropped kerb installed. This is because the complaint is made late.
The complaint
- Mrs X complains that the Council wrote to her in 2020 after she parked her car on her driveway without a dropped kerb. Mrs X feels she was unfairly targeted for enforcement action and that this led to her having to make an expensive dropped kerb application.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Mrs X’s complaint. The events she complains about happened in 2020. I see no good reason why she could not have complained to the Council and then the Ombudsman sooner.
Final decision
- We will not investigate Mrs X’s complaint because it is made late
Investigator's decision on behalf of the Ombudsman