Summary: We will not investigate this complaint about a bus stop clearway. The complainant was aware of the installation of the clearway more than 12 months before contacting the Ombudsman and there is not a good reason for the delay.

The complaint

1. The complainant complained about a bus stop clearway the council proposed in 2015. They say the installation of yellow lines to stop cars parking in the layby has significantly impacted the businesses next to it. They also say members of the public, especially those with mobility difficulties, struggle when trying to access the shops. They want the Council to reconsider the location of the bus stop.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))

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How I considered this complaint

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

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My assessment

6. In 2015, the Council proposed to install a bus stop clearway. The complainant says the businesses next to the bus stop were not consulted about the plans. The evidence I have seen indicates the Council installed yellow lines preventing vehicles parking in the bus stop no later than January 2022.
7. The law says people must bring complaints to us within 12 months of becoming aware of the matter unless there are good reasons. At least 17 months have passed since the clearway was installed. This complaint is therefore late.
8. There is not a good explanation for the delay, such as a lengthy complaints process. There is no evidence the complainant complained to the Council before contacting us. We must give councils an opportunity to consider complaints before we can investigate them. Referring the matter back to the Council’s complaints process at this time would serve to further increase the delay and we would be unlikely to investigate the complaint in any event due to this.
9. Should anybody directly affected by the matter (such as one of the business owners) have already complained to the Council, it is open to them to complain to us explaining the reasons for the delay.

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Final decision

10. We will not investigate the complainant’s complaint because it is about a matter they were aware of more than 12 months before contacting us.

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Investigator's decision on behalf of the Ombudsman