Summary: We will not exercise discretion to investigate this complaint 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 about traffic driving over the pavement near his home for the past 10 years.

The complaint

1. Mr X complained about the Council’s failure to introduce measures to prevent vehicles from mounting the pavement in the narrow street where he lives. He says he has made suggestions for improvements and the Council has considered schemes over the past decade but has only introduced limited measures recently. He wants the Council to carry out parking restrictions, streetworks or a speed reduction to ensure highway safety.

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The Ombudsman’s role and powers

2. 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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he has been complaining to the Council since 2012 about vehicles mounting the pavement in the narrow street where he lives. He says the Council proposed to take action in 2016 and 2020 but it did not introduce any Traffic Orders to change the layout until late 2020. This was the introduction of some bollards on a limited section of pavement.
6. Mr X wants the Council to carry out more works to his street, but it says there is currently a review of the existing measures due when they have been in place for a year. It does not consider the street warrants further schemes at present as it would not be cost-effective, and the area is a low priority for traffic management.
7. We will not exercise our discretion to consider a matter which Mr X has been aware of for the last decade. This is outside the normal 12-month period for receiving complaint and I have seen no evidence to suggest that he could not have complained to us sooner.

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Final decision

8. We will not exercise discretion to investigate this complaint 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 about traffic driving over the pavement near his home for the past 10 years.

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Investigator's decision on behalf of the Ombudsman