Lincolnshire County Council (04C09153)

Rights of way               Maladministration causing injustice

15 September 2005

‘Mr Walker’ (not his real name for legal reasons) complained on behalf of a group campaigning to retain and promote rights of way in Lincolnshire, that the Council had failed to modify a bridleway in the Lincolnshire Wolds despite having promised to do so in 2002. As a result, Mr Walker could not use the bridleway or encourage members of his group or other members of the public to do so.

In April 2002 the Ombudsman published a report critical of the Council for its failure to progress Definitive Map Modification Orders. At that time, the Council undertook to complete an order by June 2002, and paid Mr Walker £300 to recognise his time and trouble in pursuing that complaint.

This investigation found that, although the Council had increased its allocation of resources to work upon footpaths, had introduced a satisfactory system of prioritising this work, and had resolved a significant number of applications for orders, there was nevertheless a large backlog, including the order for the bridleway which had been the subject of the complaint in 2002.

In the case of this bridleway, the Council had commendably tried to resolve objections but simply sought to do so for far too long. There were also long periods during which the Council took no action. The matter was allowed to drift with no serious attempt to achieve the timescale which had been indicated during the earlier investigation. This was maladministration causing an injustice to Mr Walker.

The Council had by this time referred the order to the Secretary of State.

The Ombudsman recommended that the Council should carry out improvements to the surface of paths in the vicinity of the bridleway to ensure a length of path was usable in all weathers. The Council agreed to implement this recommendation.

Date Updated: 21/09/09