Summary: The Ombudsman will not investigate how the Council cleans a footpath alongside the complainant’s home and others in the local area. It is unlikely he would find fault by the Council has caused the complainant injustice that would justify the Ombudsman’s involvement.

The complaint

1. The complainant, who I refer to here as Mr B, has primarily complained the Council does not clean a footpath alongside his home in accordance with a legal agreement. He also says other issues relating to other footpaths have arisen as a consequence.

Back to top

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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

4. I have considered what Mr B said in his complaint and background information provided by the Council.

Back to top

What I found

5. In 1990 Mr B entered into a legal agreement with the (then) Council under Section 52 of the Town and Country Planning Act 1971. In part, this required the Council to cleanse at least once a week a footpath running alongside Mr B’s home. The Council does not dispute what is in the agreement.
6. In June 2020, Mr B complained to the Council it was not cleaning the footpath in accordance with the agreement. The Council replied that it had cleaned the footpath regularly but this may have been missed on occasion because of restrictions resulting from the Covid-19 pandemic. Mr B continues to dispute this.
7. Mr B also complained to the Council about other issues including overhanging vegetation at a footpath some distance from his home.

Analysis

8. I have seen photographs of the footpath by Mr B’s home provided both by him and the Council. I understand Mr B’s desire for the path to be cleaned in accordance with the legal agreement. However, I consider any failure to do this has not resulted in injustice to Mr B that would justify our involvement.
9. With regard to issues with other footpaths he refers to, it is unclear how Mr B is affected by these. I consider it unlikely any injustice to Mr B would be so great we should investigate.

Back to top

Final decision

10. I have decided we will not investigate his complaint. This is because we are unlikely to find evidence of fault causing Mr B injustice that would warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman