The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s decision not to take enforcement action. Mr X contacted us more than 12 months after events. There is not a good reason Mr X could not have come to us sooner.
The complaint
Mr X says the Council decided not take enforcement action in relation to his complaint that residents in his street had incorporated footpaths and adopted grass verges onto their gardens. This meant he had limited access to the footpaths.
The Ombudsman’s role and powers
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 provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X wrote to the Council in 2014 telling it that other residents in his street had incorporated the adopted footpaths and grass verges as part of their gardens. This meant the footpaths were partially blocked for his use and other residents were using communal areas for personal use.
The Council wrote to Mr X in 2015 saying did not see the matter as being in the public interest to take enforcement action.
Mr X says he brings this complaint to us now, several years later, because he has new understanding of the relevant law. We do not require complainants to have a detailed understanding of the law to bring complaints to us, and this does not mean he could not have complained to us in 2015.
However, it is open to Mr X to ask the Council to reassess the matter given that Mr X indicates more households have incorporated footpaths and grass verges into their gardens. The Council can consider whether any changes that have taken place since 2015 would lead it to take action. If Mr X remains unhappy after this, it is open to him to complain to us within 12 months.
Investigator's decision on behalf of the Ombudsman