The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to prevent parking obstruction near Mr X’s home over the past 5 years. This complaint 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.
The complaint
Mr X complained about the Council failing to prevent obstruction by inconsiderate drivers near his home. He says he was advised that he should report the obstruction to the Police on several occasions in the past but believes the Council should take action.
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 for five years about cars being parked causing an obstruction in the street or being abandoned. He complained to the Council and it advised him that it is only responsible for civil parking enforcement. This is where there is parking in breach of restrictions painted in accordance with a traffic regulation order or over dropped kerbs. Other obstructive parking is the responsibility of the local Police or the DVLA in the case of unlicensed vehicles.
The legislation from which the Ombudsman takes his powers also places some restrictions on what we can investigate. One of these restrictions relates to complaints about matters which the complainant was aware of more than 12 months before they brought it to our attention. Mr X has been aware of the issues for five years and there is no evidence to suggest that he could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s failure to prevent parking obstruction near Mr X’s home over the past 5 years. This complaint 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.
Investigator's decision on behalf of the Ombudsman