Summary: We will not investigate this complaint about a dropped kerb application because the complaint is late without good reasons to exercise discretion to investigate it now.

The complaint

1. Mr Y complained the Council failed to extend a dropped kerb without charging Mr Y for this work, which he says it quoted £1,100 to complete.
2. Mr Y says the issue means he has to enter the driveway at an angle, so he does not encroach on his neighbour’s drive which is not maintained, increasing his fuel consumption, and causing him inconvenience.

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The Ombudsman’s role and powers

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 Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. 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.
6. Mr Y’s was aware of his reason to complain about the Council’s actions when he received the quote for the works in May 2022 and when he complained to the Council in March 2023, more than 12 months before he approached the Ombudsman. Consequently, his complaint is now late.
7. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the 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 investigate this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because the complaint is late without good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman