Summary: We will not investigate this complaint about the Council’s failure to install a traffic gateway in the complaint’s village. The complaint is late and there is no reason why it could not have been made much sooner.

The complaint

1. Mr X is a member of a community association. He says the Council has:
• failed to install a traffic gateway as previously agreed; and
• failed to respond to communication about the issue.

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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 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 or has not done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

6. Mr X has provided information in support of the complaint. This shows the community association was aware of the delay in installing the gateway in 2010. I understand there was a break in its pursuit of the gateway between 2011 and 2016. However, the association resumed pursuit of the gateway in in 2017. Therefore the complaint is late.

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Final decision

7. We will not investigate Mr X’s complaint because it is made too late and we have seen no reason to exercise discretion.

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Investigator's decision on behalf of the Ombudsman