Summary: We will not investigate this complaint about the Council’s decision not to close pedestrian access to the road where he lives. The complaint is late and we have seen no good reason why Mr X could not have contacted us much sooner.

The complaint

1. Mr X complains the Council refuses to close the pedestrian access to his road without considering the evidence provided. He says the Council is relying on planning permission and road adoption without considering road safety.

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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 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In response to my enquiries, Mr X says he has been aware of the matter since 2023.
7. The law says a complaint must be made to us within 12 months of a person becoming aware of the cause of their complaint. Mr X’s complaint is therefore late. I have considered whether to exercise discretion in this case.
8. In 2019, the Council granted planning permission for new houses on a site adjoining the road where Mr X lives. The approved plans clearly show a proposed access to Mr X’s road sited next to Mr X’s home.
9. The Council’s website shows that objections to the scheme were received from residents of Mr X’s road, so I am satisfied the scheme was publicised.
10. The highways authority had no objection to the scheme. The public right of way officer recommended the connecting link between the sites should be for non-motorised users.
11. From the information I have seen, bollards are in place at the entrance to the path near Mr X’s home. This should prevent access for motorbikes and cars etc.
12. So, the location of the footpath link was approved by the Council with no objections from the highways team or the rights of way officer. Mr X did not object to the proposal at the time. Therefore, I have seen no good reason to exercise discretion in this case.

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Final decision

13. We will not investigate Mr X’s complaint because it is made too late. We have seen no good reason why he could not have contacted us much sooner.

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Investigator's decision on behalf of the Ombudsman