Local Government Ombudsman

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North East Lincolnshire Council (03C04267 & 1 other)

Rights of way                Maladministration causing injustice

15 September 2005

‘Mr Jennings’ and ‘Mr Crosby’ (not their real names for legal reasons) complained about the obstruction of a footpath near their homes. The footpath had been inaccessible for its whole length for a number of years despite complaints and representations from a number of people and the Ramblers Association. The Ombudsman had been critical of Humberside County Council, by public report, for its failure to take action to reopen the footpath.

This problem was one inherited by the Council from its predecessor, Humberside County Council. The Council was aware of this problem at the time, and indeed considered the matter at committee level in October 1996. Nothing more was done though until 2005 when another committee took action which was likely to re-establish the footpath.

The Ombudsman acknowledged the financial difficulties which had confronted the Council and made prioritising work and expenditure difficult, but she had to remind the Council that Parliament had placed upon the Council a statutory duty to assert and protect the rights of the public to use and enjoy public footpaths. Their failure to respond to this statutory duty was, in the Ombudsman’s view, maladministration. The Ombudsman felt this was aggravated by the failures of both the Council and its predecessor to comply with recommendations contained in the previous report issued about this matter.

Although the Ombudsman commended the Council for the action that was taken, she was critical of the time taken to reach this point. The Ombudsman felt that the Council’s failure to respond to the previous report, and the failure over many years to take any effective action, reflected very poorly on the Council.

The Council had now instigated action which would resolve the matter and re-establish the footpath. However the Ombudsman felt that the complainants had been put to great trouble in being forced to pursue their complaints as they did and, commending their patience, felt that the Council should pay each of them £500 to compensate them for their time and trouble.

Date Updated: 12/02/10