The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge as it is late without good reasons to exercise discretion now.
The complaint
Mr Y complained the Council had wrongly fined him for travelling through the Tyne Tunnel without payment despite Mr Y’s attempts to pay. Mr Y also complains his appeals were also wrongly rejected.
Mr Y feels he has been called a liar and says he has been caused frustration.
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 Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y complained to the Council about the issues he has raised with us in 2022. He was therefore aware of his reason to complain at this point.
The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
Mr Y’s was aware of his reason to complain about the Council’s actions when he complained to the Council, more than 12 months ago. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph three, where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have contacted us sooner. Consequently, there is not sufficient cause for us to exercise discretion and we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because it is late without good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman