Summary: We will not exercise discretion to investigate this complaint about the Council’s installation of traffic calming measures outside Mrs X’s home. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X complained about the Council installing a traffic calming chicane feature near her home in May 2022. She says the feature is ineffective at reducing traffic speeds and causes obstruction to her driveway when there is standing traffic in front of it.

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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)

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How I considered this complaint

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

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My assessment

5. Mrs X says the Council installed a small traffic island chicane near her home in May 2022 which has failed to reduce traffic speeds in her opinion and has led to obstruction of her driveway when there are cars giving way to oncoming traffic.
6. She complained to the Council about the matter in October 2022 and when the Council responded it did not uphold her complaint. The Council says the traffic calming measures were installed as a requirement for the reduction of the speed limit from 40 to 30 mph when new development was approved on the road in 2018. The measures were part of a planning condition recommended by the highway authority for the planning approval. They are designed to meet the highways standards and cannot be removed without a traffic order.
7. Mrs X did not complain to us until January 2024 which is outside the 12-month period for receiving complaints. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s installation of traffic calming measures outside Mrs X’s home. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman