Summary: We will not investigate this complaint about the Council’s consultation process and decision to implement a new road scheme. This is because the complaint is late, and there is no good reason Mr X could not have complained to us sooner.

The complaint

1. Mr X complained the Council did not undertake a proper consultation process when it decided to implement a new road scheme.
2. He said the Council did not respond to his Freedom of Information (FOI) request and when the Council did provide the information it reclassified one residents objections as comments. Mr X also complained about the Council’s complaints process.
3. He said the scheme has had a serious impact on traffic affecting residents. He wants the Council to consult with him and other residents on the effect of the scheme.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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. (Local Government Act 1974, sections 26B and 34D, as amended)
6. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
7. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We will not investigate this complaint. Mr X complained the Council did not undertake a proper consultation process. The Council issued its decision after the consultation in November 2024 and implemented the new road scheme in April 2025. We expect a person to complain to us within 12 months of being aware of a matter. Mr X did not complain to us until May 2026 and therefore the complaint is late, and Mr X could have reasonably complained to us sooner.
11. Mr X complained the Council did not respond to his FOI request properly. Mr X made a complaint to the ICO and it said the Council failed to provide the information to Mr X until the time of its internal review. It did not require the Council to take further steps.
12. We will not investigate this complaint. Mr X used his right to make a complaint to the ICO which we consider an alternative remedy. If Mr X believes, after receiving the FOI information from the Council, that it failed to record information accurately, Mr X could make a further complaint to the ICO.
13. Mr X complained about the Council’s complaint process. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

14. We will not investigate Mr X’s complaint because the complaint is late, and there is no good reason Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman