Summary: We will not investigate Ms X’s complaint that the Council carried out works to a footpath on her land without consulting her. This is because the Council has apologised and agreed to improve its practices and these actions provide a suitable remedy for the complaint.

The complaint

1. The complainant, Ms X, complains contractors acting on instruction from the Council dug up her land and installed a tarmac footpath without consulting her.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Highways Act 1980 places a duty on certain councils to maintain public highways and gives them powers to improve them.
6. A public footpath, which is part of the Council’s highway network, runs over Ms X’s land and as part of a planning application to develop an area of land nearby the Council negotiated with the developer to improve the footpath on its behalf by providing a hard surface. This has now been done.
7. Ms X is unhappy with the works that have been carried out as she does not think the new tarmac path is appropriate. She is also unhappy the Council did not inform her about the intended works or consult her on them. She would like the Council to return her land to its previous state.
8. We cannot say the Council must dig up the tarmac footpath and put her land back as it was. As the highway authority with responsibility for the footpath the Council was entitled to carry out the works and it is not for us to deny it rights which are set out in law.
9. The Council has confirmed to Ms X that while it was legally entitled to improve the footpath without notifying her or seeking her views, it would have been good practice to inform her of the works in advance. It has therefore agreed to service improvements to ensure landowners are told of works in future before they are carried out. It has also apologised to Ms X.
10. The Council’s actions provide a suitable remedy for Ms X’s complaint and it is unlikely further investigation would achieve anything more for her.

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Final decision

11. We will not investigate this complaint. This is because I am satisfied with the actions taken by the Council to resolve the complaint.

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Investigator's decision on behalf of the Ombudsman