The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take parking enforcement action and resolve road safety concerns. This is because part of the complaint is late. We will not investigate the complaint about more recent events because it is premature.
The complaint
Mrs Y complains about the Council’s handling of her reports of safety issues on a road outside the preschool that she runs. More specifically, Mrs Y complains the Council: refused her requests to attend the road during dangerous peak hours to assess the safety issues. Instead, it relied on desk-based collision data; failed to take enforcement action to resolve issues of illegal parking by parents on the road; and, failed to address the road’s poor design, which Mrs Y says causes dangerous risks to drivers passing on opposite sides of the road.
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) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y complains about Council action from June 2024 (when Mrs Y first complained to the Council). She received the Council’s final complaint response in May 2025.
Mrs Y first complained to the Ombudsman in June 2026, meaning, usually, we would not consider issues that occurred before June 2025. I have considered the reasons for Mrs Y’s request that we exercise discretion on the lateness of her complaint. But, I have seen no good reasons to exercise discretion to look at matters before June 2025. Mrs Y could have complained to the Ombudsman much sooner if she wished for us to consider the Council’s decision-making between June 2024 and May 2025. In reaching this decision, I have also considered there were no undue delays in the Council’s response to her complaints that could have impacted the timeliness of Mrs Y complaining to the Ombudsman. But, there was a period of around eight months between the Council sending its stage one response and Mrs Y requesting a stage two response. So, we will not investigate this complaint.
So far as Mrs Y’s complaint concerns road safety and parking enforcement issues since June 2025, this complaint is premature. We will not investigate this complaint because it is reasonable to give the Council the chance to do so first. If Mrs Y remains unhappy with the Council’s final complaint response, it is open to her to contact us again.
Final decision
We will not investigate this complaint about the Council’s failure to take parking enforcement action and resolve road safety concerns. This is because the complaint is late. We will not investigate the complaint about more recent events because it is premature.
Investigator's decision on behalf of the Ombudsman