The Ombudsman's final decision
Summary: We will not investigate this complaint about disruption during roadworks because it is late with no good reason to investigate it now.
The complaint
Mr Y complains the Council, during roadworks between December 2020 and January 2021, failed to minimise inconvenience to those using the road, on which the work was taking place.
Mr Y says the roadworks led to mud being spread, spoiled verges, inconvenience, and danger from equipment to the public in the area.
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
Mr Y is unhappy with the inconvenience he says was caused during roadworks in December 2020 and January 2021. Mr Y says this was a failure of the Council’s duty under the New Road and Street Works 1991 to minimise disruption caused by such highway maintenance.
Mr Y complained to his local councillor initially in November 2020 that he felt the village had not been included in the planned work. He then complained about the roadworks in January 2021. The Council responded in both November 2020 and in February 2021.
The Council said in November 2020 that the area would be returned to its original condition once the winter was over. It also said road cleaning was improving the area generally while roadworks continued. In its later response the Council thanked Mr Y for his thoughts on how the roadworks could be improved for residents to minimise disruption but did not accept fault. Mr Y then approached us in May 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’s was aware of his reason to complain about the roadworks and the disruption the work was causing in December 2020 and January 2021. This is more than 12 months before Mr Y came to us about his complaint. Consequently, his complaint is now 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 his complaint to us within 12 months of knowing about the matter. As he was able to contact the Council about the matter, it is reasonable to expect him to have complained to us sooner.
Consequently, we will not investigate this late complaint.
Final decision
We will not investigate Mr Y’s complaint because it is late and there is no good reason to investigate it now.
Investigator's decision on behalf of the Ombudsman