Summary: We will not investigate Mr X’s complaint about the Council’s failure to stop or remove barriers which obstruct a public footpath. This is because it is unlikely we could achieve any worthwhile outcome for Mr X.

The complaint

1. The complainant, Mr X, complains Liverpool City Council (the Council) allowed Knowsley Metropolitan Borough Council (KMBC) to install barriers on a footpath in its area and has not taken action to remove them. He says this prevents him from accessing the footpath while using his mobility scooter and he believes this amounts to discrimination.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. Mr X has complained about both the Council and KMBC’s role in obstructing the public footpath. We have investigated Mr X’s complaint about KMBC but found no fault in its actions as it had good reasons to install the barriers and had due regard to its Public Sector Equality Duty in reaching its decision to do so. It is therefore unlikely we would find fault by the Council in allowing KMBC to install the barriers and in declining to take action to remove them. Further investigation is therefore unlikely to achieve any worthwhile outcome for Mr X.
5. If Mr X believes the Council has failed to properly protect public rights to use of the footpath he may serve notice on it under Section 130A of the Highways Act 1980 and apply to the magistrates’ court for an Order under Section 130B requiring it to remove the obstruction. The courts are better placed to decide if the barriers amount to an obstruction and their decision is binding on the Council.

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Final decision

6. We will not investigate this complaint. This is because we have already investigated a complaint from Mr X about the barriers and found no fault by KMBC in installing them. It is therefore unlikely further investigation of this complaint would achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman