The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s failure to act against drivers who throw rubbish from their cars. This is because the complaint is made late, and I see no good reason to consider it now.
The complaint
Mr X complains that the Council is failing to take enforcement action against drivers who throw rubbish from their cars.
The Ombudsman’s role and powers
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has reported several drivers to the Council for throwing rubbish from their cars. The Council considered a complaint from Mr X about how it had dealt with his reports. It issued a final response in July 2023, advising Mr X how he could escalate his complaint to the Ombudsman.
I will not investigate Mr X’s complaint because it is made late. I see no good reason why Mr X could not have asked us to consider the matter when the Council signposted him to us in July 2023.
Final decision
We will not investigate Mr X’s complaint because it is made late.
Investigator's decision on behalf of the Ombudsman