The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s failure to address traffic issues on his street. The complaint is late and there are no good reasons for us to exercise discretion to consider it now. It would also be reasonable to expect Mr X to take the matter to court.
The complaint
Mr X complains the Council failed to address traffic issues on his street. Mr X says the traffic is caused by local businesses, which the Council wishes to protect.
Mr X says the Council has breached his human rights and caused him significant health issues.
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 when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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 complained the Council failed to address traffic issues on his street and therefore breached his human rights.
Mr X said the issues have been ongoing for years. The Council responded to his complaint in April 2024. Mr X complained to the Ombudsman in August 2026.
As outlined in paragraph four, we cannot investigate late complaints without good reasons to do so. A late complaint is where a person has known about the issue for more than 12 months.
I have seen no evidence to suggest Mr X could not have complained to us sooner. Therefore, there are no good reasons for us to exercise discretion to consider this complaint now and so we will not investigate.
In any case, Mr X said the Council breached his human rights and seeks a finding that it has breached the Human Rights Act (HRA). This is not an outcome the Ombudsman can achieve. Only the courts can decide a council has breached the HRA.
Mr X has sought advice from the Equality Advisory and Support Service (EASS) and told the Ombudsman he has gathered the funds to take the matter to court.
For these reasons, I consider it would be reasonable for Mr X to take this matter to court.
Final decision
We will not investigate Mr X’s complaint because it is late and it would be reasonable for him to take the matter to court.
Investigator's decision on behalf of the Ombudsman