The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about parking issues relating to her property. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.
The complaint
The complainant, Miss X, complains about the Council’s decision her new build property is not eligible for a parking permit. She also complains there is no 24hr parking provision for the property.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
Miss X complains about the Council’s decision her property does not qualify for a parking permit and about the lack of 24 hr parking provision at the property, which she purchased in early 2022.
The restriction set out in paragraph 4, above, applies to Miss X’s complaint.
The complaint lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Miss X has been aware of this matter for over two years and I see no good reason to exercise discretion to consider this very late complaint now.
Final decision
We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late and there is no good reason to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman