The Ombudsman's final decision
Summary: We will not investigate this complaint about a right of way because it is late without good reason to exercise discretion to investigate it now.
The complaint
Mrs Y complained the Council failed to notify or support her in relation to a footpath installed for a neighbouring school.
Mrs Y feels the path is a danger to her and she does not feel comfortable in her own home.
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 Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
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.
Mrs Y’s was aware of her reason to complain about the Council’s actions when she complained to the Council in August 2022, more than 12 months ago, but did not approach us until March 2024.
Consequently, her complaint is now late.
We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mrs Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner and we will not investigate this complaint.
Final decision
We will not investigate Mrs Y’s complaint because it is late without good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman