The Ombudsman's final decision
Summary: We will not investigate this complaint about the impact a speed bump installed by the Council is having on Mr X’s property. This is because the complaint is late and because Mr X has a legal remedy against the Council which places the complaint outside our jurisdiction.
The complaint
The complainant, who I refer to as Mr X, complains that a speed bump installed by the Council has caused vibration and cracking to his property. He says the Council has been dismissive and unhelpful in advising him to take it to court and he wants the Council to remove the speed bump and compensate him for the damage it has caused to 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.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) 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 the information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2016 the Council installed a speed bump in Mr X’s road close to his home. Subsequently Mr X contacted the Council concerned about cracking and banging in his house which he believed were being caused by heavy vehicles going over the speed bump. He says the Council’s solicitor told him that he would have to take the Council to court to prove it was responsible.
The restrictions highlighted at paragraphs 3 and 4 apply to Mr X’s complaint. He has known about the matters of which he complains for over 12 months. Moreover, even if his complaint had not been late, he has an alternative remedy against the Council through the courts which we would reasonably expect him to use and which places the complaint outside our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because the complaint is late and because Mr X has a legal remedy against the Council which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman