The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to extend his dedicated dropped kerb to create a shared footway crossing with his neighbour in 2022. The complaint lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider it now.
The complaint
Mr X complains about the Council’s decision to extend his existing dropped kerb to create a shared crossing with his neighbour in 2022 without consulting him or seeking his consent and about the impact of this decision. Mr X says the Council acted contrary to its 2023 footway crossing policy.
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
Mr X complained to the Council about this matter in July 2025. The dropped kerb he is complaining about was constructed in late 2022. Mr X lives in the neighbouring property and so would have been aware of this at the time.
We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter. I see no good grounds to exercise discretion to consider this very late complaint now. It could have been raised much sooner.
Final decision
We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late and I see no good reasons to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman