Source · LGO (Local Government & Social Care Ombudsman)

Durham County Council

LGO (Local Government & Social Care Ombudsman) Other Reference 22-000-035 Sector Transport And Highways Category Traffic Management Decided 20 April 2022

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Full decision

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 his request to lower the speed limit on the road where he lives.

The complaint

Mr X complained about the Council’s failure to lower the speed limit on the road where he lives from 60mph to 40mph. he says after meeting representatives from the Council in 2017 a proposed reduction by councillors was never pursued.

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 he has been complaining since 2017 to have the speed limit on the road where he lives reduced from 60mph which he says is unsuitable for the residents. He says he held meetings with Council officers, and Council members and a Police representative. He says he understood a councillor and a senior officer agree to further discuss implementing a 40mph limit in 2018 but nothing came of this.

Mr X made a formal complaint about the matter to the Council in 2022 and when this was rejected, he was advised to complain to us. We will not normally investigate complaints about matters which the complainant was aware of more than 12 months before bringing it to our attention. It is clear that Mr X raised the concerns about speeding with the Council and in the local media as long ago as 2017. There is no evidence to suggest the PA could not have complained to us sooner.

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 his request to lower the speed limit on the road where he lives.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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