Summary: We will not investigate Mr X’s complaint about the Council’s decision that a crash barrier is not required at a site Mr X says is unsafe. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now at least two years after Mr X first became aware of the matter.

The complaint

1. Mr X complains about the Council’s decision that a crash barrier is not required at a site Mr X says is unsafe. Mr X says the Council has incorrectly assessed the site.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

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

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My assessment

7. Mr X first raised this issue with the Council in May 2023. The Council issued its final response to Mr X’s complaint in February 2024. It signposted Mr X to this office in its final response if he remained dissatisfied. Mr X complained to this office in May 2025.
8. We will not investigate Mr X’s 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 been aware of this matter for at least two years and was clearly signposted to us over 12 months ago. There are no good grounds to exercise discretion to consider this very late complaint now.

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Final decision

9. We will not investigate Mr X’s complaint because it lies outside our jurisdiction 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