Archive has 33 results
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Middlesbrough Borough Council (19 006 930)
Statement Not upheld Rights of way 23-Oct-2020
Summary: Mrs D complains on behalf of the Housing Management Company for her estate. She says the Council failed to register a public right of way which has caused significant issues for residents. The Ombudsman has discontinued the case because it has not been formally considered by the Council.
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Statement Closed after initial enquiries Rights of way 15-Oct-2020
Summary: We shall not investigate Mr X’s complaint. Investigation of the Council’s involvement in two incidents is unlikely to reach a clear view about whether there was fault by the Council causing Mr X injustice. If we are not investigating those two incidents, it would be disproportionate to investigate the Council’s complaint-handling.
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North East Derbyshire District Council (20 004 126)
Statement Closed after initial enquiries Rights of way 13-Oct-2020
Summary: Ms X complained about the Council’s refusal to remove a restrictive covenant from her property and to prevent its tenants who are her neighbours from breaching their tenancy agreement. The Ombudsman cannot investigate this complaint. This is because it concerns the management of property and tenants by a social housing landlord. We could not consider the issue of a legal covenant because this could only be determined by the courts if the Council refuses to amend the terms.
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London Borough of Waltham Forest (20 002 792)
Statement Closed after initial enquiries Rights of way 28-Sep-2020
Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s approach to managing its Definitive Map of Rights of Way. This is because we are unlikely to find fault by the Council and there is no personal injustice to Mrs X.
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Staffordshire County Council (19 012 247)
Statement Upheld Rights of way 21-Sep-2020
Summary: Mr B complained the Council delayed carrying out repairs to a right-of-way and failed to make a reasonable adjustment to allow him to make a complaint. The Council failed to properly explain the prioritisation process or likely timescales for completion of work and failed to take a complaint from Mr B. That led to Mr B having to go to time and trouble to pursue his complaint. An apology, payment to Mr B, reminder to officers and provision of updated information on the Council’s website is satisfactory remedy.
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Reading Borough Council (19 008 728)
Statement Upheld Rights of way 09-Sep-2020
Summary: Mr X complains about the loss of access to playing fields from a public footpath. The Ombudsman finds the Council was at fault for not initially providing a suitable alternative access to the fields. The Ombudsman also finds fault with the Council’s complaint handing causing Mr X to contact the Ombudsman early. The Council has agreed to remedy the injustice caused.
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Staffordshire County Council (19 011 921)
Statement Upheld Rights of way 08-Sep-2020
Summary: Mr X complains the Council was at fault in the way it dealt with a footpath modification order he made. Mr X also complains the Council was at fault in the way it deals with these applications and directions from the Secretary of State in general due to a large backlog of undecided applications. We found fault as the Council has delayed in dealing with applications and directions. But this fault did not cause Mr X an injustice. So, we are completing our investigation on this issue. It is reasonable to expect Mr X to appeal against the Council’s decision on his footpath modification application. So, the Ombudsman will not investigate this part of Mr X’s complaint.
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Statement Closed after initial enquiries Rights of way 08-Sep-2020
Summary: Mr X complains about the Council’s Footpath Modification Order which he says diverts the public onto his land. The Ombudsman will not investigate as Mr X can make his objections to the Secretary of State.
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Nottinghamshire County Council (19 009 087)
Statement Not upheld Rights of way 05-Aug-2020
Summary: Mr X complains the County Council affected his property when it re-surfaced a right of way he uses to access his driveway. We found no fault in the Council’s actions.
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City of Doncaster Council (19 021 084)
Statement Closed after initial enquiries Rights of way 24-Apr-2020
Summary: A former councillor complained about the way the Council dealt with his concerns about the introduction of a cycleway and his proposal for an alternative route. But the Ombudsman cannot investigate this matter. This is because the complaint relates to the complainant’s role as a councillor rather than as a member of the public. In addition his complaint has been made late.