The Ombudsman's final decision
Summary: We will not investigate this complaint about the creation of a bus lane. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and there are insufficient reasons to exercise discretion to consider it now.
The complaint
The complainant, whom I refer to as Mr X, says the Council failed to undertake surveys to assess the need for and impact of a bus lane. Mr X says the bus lane was unnecessary and buses get caught-up in the congestion it has created.
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 Mr X and the Council, which included their complaint correspondence on the issue.
I also considered our Assessment Code.
My assessment
The time restriction detailed in paragraph 2 above applies to the complaint. This is because the bus lane was made permanent in September 2019, yet Mr X did not contact the Ombudsman until August 2022. I see no reasons why Mr X was prevented from contacting us sooner, so we have not exercised discretion to consider this late complaint now.
Final decision
We will not investigate Mr X’s complaint because it is late, and there are no grounds to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman