Summary: We will not investigate this complaint about the Council’s delays in meeting the agreements of a claim about the effects of a highway scheme on private property. This is a private matter which was best determined by insurers or the courts if no agreement could be made. Most of the events took place more than 12 months before the complaint was submitted to us and we will not consider them further.

The complaint

1. Mr and Mrs X complained about the Council’s delay in implementing agreed measures to mitigate the effect of highway works near their home. They say the works caused damage to their property and that payment for a survey agreed in 2023 was delayed, along with other measures such as lighting shields and fencing.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council’s responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr and Mrs X say the Council delayed carrying out agreed works to mitigate the effect of highways works near their home. They say the Council agreed to pay for a survey of their property in August 2023 but it was not paid until 14 months later. us. They also say it took 15 months for lighting shrouds to be fitted from when they were requested in 2022. They also say it took several months to provide fencing following removal of a trees and a large amount of topsoil has still not been removed.
7. These matters were addressed by the Council more than 12 months before the complaint was made to us. The Council agreed to pay the survey fee of £790 as a goodwill gesture and made it clear it had no statutory obligation to do so. If the Council had refused to pay they would have been required to make a claim and if necessary take the matter to the courts. This also applies to other mitigating elements agreed privately with the Council.
8. We will not consider any claims about delays now because these matters were proposed and agreed more than 12 months before Mr and Mrs X complained to us. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

9. We will not investigate this complaint about the Council’s delays in meeting the agreements of a claim about the effects of a highway scheme on private property. This is a private matter which was best determined by insurers or the courts if no agreement could be made. Most of the events took place more than 12 months before the complaint was submitted to us and we will not consider them further.

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Investigator's decision on behalf of the Ombudsman