The Ombudsman's final decision
Summary: We will not investigate this complaint about action taken by the Council after it found the complainant was using their driveway without having a dropped kerb installed. This is because the complaint is made late.
The complaint
Mrs X complains that the Council wrote to her in 2020 after she parked her car on her driveway without a dropped kerb. Mrs X feels she was unfairly targeted for enforcement action and that this led to her having to make an expensive dropped kerb application.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint. The events she complains about happened in 2020. I see no good reason why she could not have complained to the Council and then the Ombudsman sooner.
Final decision
We will not investigate Mrs X’s complaint because it is made late
Investigator's decision on behalf of the Ombudsman