Norfolk County Council (21 006 180)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 13 Sep 2021
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about parking restrictions which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
- Mr X complained about parking bays on the road near to his drive which he says restrict his access when they are in use. He wants the Council to move the bays to make his property more accessible.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says he has been complaining about parking bays which restrict access from his driveway for four years without any action from the Council. The Council says that the bays are part of a parking scheme which has been in force since at least 2011 and Mr X moved to the problem in 2016.
- We normally accept complaints about matters which have come to the attention of the complainant and been reported to us within the past 12 months. It was reasonable for Mr X to complain to us following his first complaints to the Council in 2016. If the traffic order which created the bays was created several years ago he cannot question the procedure now. There is a 6 week period during the making of the order where challenges to it can be made by way of the courts,
Final decision
- We will not investigate this complaint about parking restrictions which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman