Summary: Mr X complains the Council is not spending its funds correctly and is failing to deliver safe roads. The Ombudsman cannot investigate this complaint because how the Council spends its money is a matter which affected all or most of its residents. Such complaints are outside the Ombudsman’s jurisdiction. The complaint is also late.

The complaint

1. Mr X complains the Council is not spending its funds correctly and is failing to deliver safe roads.

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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 something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
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 the information in Mr X’s complaint form and the Council’s response to him.

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What I found

6. Mr X complains about the way the Council is spending its money. This is something that affects all residents in the borough, not just Mr X. the law says the Ombudsman cannot investigate complaints which affect all or most people in the Council’s area.
7. Mr X complained to the Council in October 2016 and the date on the final response is November 2016. So, Mr X was aware of the matter more than 12 month ago. The law says the Ombudsman cannot investigate late complaints.

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Final decision

8. I cannot investigate this complaint because it concerns all or most of the people in the Council’s area and it is late.

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Investigator's decision on behalf of the Ombudsman