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Rights of way Maladministration causing injustice
25 May 2006
‘Mr Page’ (not his real name for legal reasons) complained about the way that the Council closed a public footpath and, in particular, that it failed to consider his objections, with the result that he and his family can no longer use the footpath.
The Ombudsman found that the Council did not use the proper process to close the path: there is no evidence that it publicised the closing order on the site of the path, nor did it take Mr Page’s objection into account when deciding to close the path. Whether the Council’s failure to deal properly with that objection was deliberate or negligent, it was certainly maladministration.
The Ombudsman recommends that the Council should pay £200 compensation to Mr Page for his time and trouble, and that it should now properly repeat the process of considering whether or not to close the path, taking account of Mr Page’s objection to its closure.
Date Published: 03/02/09
are in .pdf format. To view these files you will need the Adobe Acrobat Reader software. It can be downloaded below free of charge. Click To Download