The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s alleged failure to issue bus passes Mr X applied for on behalf of his children. This is because the events complained about took place more than 12 months ago and it would have been reasonable for Mr X to refer them to us sooner.
The complaint
Mr X complained the Council failed to provide bus passes he applied for on behalf of his children.
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 provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In September 2022 Mr X applied to the Council’s travel assistance department for bus passes on behalf of his two children. He complained to the Council in February 2023 when he did not receive a response.
The Council issued its final decision in March 2024 and did not uphold Mr X’s complaint. The Council explained that in February 2023 Mr X received an automated email confirming how to provide supporting documents necessary to progress the application. The Council advised that this information as also available on its website and Mr X’s failure to provide it caused the delay in progressing his application.
Mr X brought his complaint to the Ombudsman because he remains unhappy with the Council’s response. The Ombudsman will not usually exercise discretion to investigate events that took place more than 12 months ago, unless there are good reasons for the delay. In this case, Mr X applied for the bus passes in 2022 and so has been aware of this matter for over 12 months. It would have been reasonable for him to bring the complaint to us at the time.
Final decision
We will not investigate Mr X’s complaint because the events complained about took place more than 12 months ago and it would have been reasonable for Mr X to refer them to us sooner.
Investigator's decision on behalf of the Ombudsman