The Ombudsman's final decision
Summary: We will not investigate this complaint about a bus stop. This is because it is late with no good reasons to exercise discretion to investigate it now.
The complaint
Mr Y complained the Council placed a bus stop outside his home.
Mr Y says this has led to light being stopped from coming into his home by stopping buses; his driveway being blocked when buses break down; potential damage to his home and upset when passengers waiting for the behave poorly towards him or smoke outside his home.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council placed a bus stop outside the property Mr Y now lives in in 2003. Mr Y moved into the property in 2015 and says he was unaware of the bus stops placement before he bought the property.
Shortly after moving in, Mr Y became unhappy with the blocking of light to his property caused by buses stopping outside his home. He says since moving in his driveway has been blocked by buses which have broken down on the road. He also says he found waiting passengers have been behaving poorly and smoke while waiting for buses.
In 2019, Mr Y also became concerned about potential damage to his house caused by buses lowering a ramp for passengers and hitting the kerb.
Mr Y says he has complained to the Council since 2017. He came to us in February 2022.
Analysis The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
Mr Y has been aware of his reason to complain since shortly after he moved into the property in 2015. Consequently, his complaint is late.
We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner.
Final decision
We will not investigate Mr Y’s complaint because it is late with no good reasons to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman