Summary: We will not investigate Mrs X’s complaint about the Council’s decision to carry out changes to the bus and parking arrangements where she lives. There is insufficient evidence of fault causing injustice which would warrant an investigation.

The complaint

1. Mrs X complained about the Council’s decision to carry out changes to the bus and parking arrangements where she lives. She says the changes have caused the road to become unsafe for residents and the Council has failed to consider these concerns.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mrs X says the Council failed to consider the objections raised by her and other residents during its consultation on the proposals. The consultation period ended in September 2023. We received the complaint in October 2024.
7. The time for us 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.
8. This complaint is therefore late, as the matter complained about happened more than 12 months ago and there are no good reasons to exercise discretion and consider it.
9. Mrs X says that she is unhappy with the Council’s communication after the works began in 2024, and its response to her concerns about safety issues raised.
10. In its response to the complaint, the Council says that there is no legal right for somebody to park outside their property on a public highway. Also, that a safety review is due to take place both six and 12 months after the completion of the works.
11. I acknowledge Mrs X remains unhappy. However, she has not described any loss or harm arising personally to her from her complaint to a degree that would warrant our further involvement.
12. There is no legal right to park outside a property on a public highway. And I consider the Council’s commitment to undertake a safety review of the scheme after six and 12 months is a suitable resolution to Mrs X’s safety concerns. Any remaining injustice is not significant enough to justify our involvement.

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Final decision

13. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault causing injustice which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman