Summary: We will not investigate this complaint about the Council’s failure to communicate with Mr X about his application to divert a Public Right of Way. The complaint is late and we have seen no good reason to investigate now. Also, we will not investigate his complaint about a failure in the Council’s complaint handling is unlikely to lead to a different outcome.

The complaint

1. Mr X complains the Council failed to communicate with him about his application to divert a Public Right of Way (PROW).
2. He also says it failed to respond to his complaint.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Council confirms Mr X applied to divert a PROW in 2019. It says it corresponded with Mr X and his legal representative about the matter over the following years.
9. It also confirmed it told Mr X of the work needed to bring the site up to the required standards.
10. In 2024 Mr X complained to the Council.
11. The law says a complaint must be made to use within a year of the complainant becoming aware of the matter complained about. Mr X applied to divert the PROW in 2019. He did not complain to the Council until 2024 and to us until 2025. He has been aware of the alleged failure to progress his application for six years. His complaint is late and I have seen no reason why he could not have complained to us much sooner.
12. Mr X also complains the Council failed to respond fully to his complaint. We expect Council’s to follow their published complaint procedures. However, the Council has now provided a final response to his complaint and it is not a good use of public resources to investigate concerns solely about a failure in a complaint procedure. We consider that further investigation will not lead to a different outcome.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because it is made too late. And an investigation into failings in complaint handling is unlikely to lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman