Summary: The Ombudsman will not investigate the complaint that the complainant cannot exercise rights of way over land near her home. This is a matter best decided by the courts.

The complaint

1. The complainant, Mrs B, believes the Council is responsible for her being unable to exercise a right of way over land near her home.

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The Ombudsman’s role and powers

2. We provide a free service, but must use public money carefully. We may decide not to start an investigation if, for example, we believe another body is better placed to deal with the matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I have considered what Mrs B said in her complaint. The Council also provided background information including its response to Mrs B’s concerns. Mrs B commented on a draft before I made this decision.

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What I found

4. Mrs B believes the Council is responsible for her being unable to access land near her home. The land is not owned by the Council.

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Final decision

5. We will not investigate this complaint. This is because the complaint is about private rights and the courts are best placed to deal with such matters.

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Investigator's decision on behalf of the Ombudsman