The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner about the Council’s failure to take action against his neighbours over highway encroachment.
The complaint
Mr X complained about the Council ‘s failure to prevent his neighbours parking on a strip of land which is a service strip and should be maintained as part of the highway. He says the parking affects how he can access his driveway, and this has caused a dispute which has led to criminal offences against him.
The Ombudsman’s role and powers
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says his neighbours have extended their drive to incorporate a service strip in front which is not their land and should remain part of the public highway. He says the encroachment means that when there are large vehicles parked on the land his access is difficult and he has ben forced to reverse into his drive on occasions.
He has been complaining to the Council since he first was aware of the issue in 2016 and says the Council has failed to take action to preserve the strip of land for its intended purpose. He says in the past he has been assaulted by his neighbour and his property was broken into by his neighbour’s extended family.
We will not investigate complaints about matters which the complainant was aware of more than 12 months before bringing the matter to our attention. It was reasonable for Mr X to complain to us in previous years if he was dissatisfied with the Council’s response. There is no evidence to suggest he could not have complained to us sooner. Any criminal activity in these matters would be for the Police to consider.
Final decision
We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner about the Council’s failure to take action against his neighbours over highway encroachment.
Investigator's decision on behalf of the Ombudsman