Summary: Mr X complains the Council has failed to carry out its duty to install Public Right of Way signs in the local area. The Ombudsman finds fault with the Council for the service failure in the implementation of the signs. The Council has agreed to apologise, pay Mr X a financial remedy and carry out service improvements.

The complaint

1. Mr X complains the Council has failed to carry out its duty to install Public Right of Way footpath signs in the local area.
2. Mr X complains that despite upholding his complaint and acknowledging its duty, the Council has still not put the signs up.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

6. Part of Mr X’s complaint to the Council was that some of the signs remain obstructed by crops. He says the Council has a duty to ensure the signs are clear from obstruction.
7. I have not investigated this part of Mr X’s complaint because he has the right to serve a notice on the Council requiring it to clear an obstruction. If it fails to do so, Mr X can then ask the Magistrates Court to order it to do so. I have not seen any reason that it would be reasonable for Mr X to pursue this alternative remedy, and therefore this part of the complaint is outside of the Ombudsman’s jurisdiction.

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How I considered this complaint

8. I considered Mr X’s complaint and information provided. I also considered information from the Council.
9. I considered comments from Mr X and the Council on draft of my decision.

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What I found

What happened

10. Mr X runs a community group in the Council area. The group helps to signpost the public to places where they can enjoy walking, including where local public footpaths are available.
11. Mr X approached the Council about the signs for the public footpaths in the area. He raised that some of the signs in the area were incorrect or not signposted, and that the Council had a duty to ensure the area had the correct signs.
12. Mr X and the Council reached an agreement that the signs did need updating, and that the Council would replace one sign per year, due to commence in 2022 and starting with sign A.
13. Mr X followed up with the Council several times about Sign A. Between January 2023 and January 2024 the Council and Mr X discussed that there had been reasons for delay in the implementation of Sign A. This included problems with internal systems and with contractors.
14. In 2023, the Council was due to replace the next sign, Sign B. Mr X raised with the Council that it had not yet replaced Sign A, and now also needed to replace Sign B.
15. The Council encountered some further delays in replacing Sign B because of its IT systems, which meant it could not raise the invoice or order the sign.
16. Mr X complained to the Council. In his complaint he said

• The Council had not adhered to the agreement of replacing one sign per year for the agreed public footpaths.
• The Council had not properly communicated with him about what action it was taking
• The signs that had been implemented were wrong, and this was not being addressed.

17. In its final complaint response, the Council said there had been some delay in the implementation of the signs due to its contractors. The Council said it was working to try and resolve the issues which were preventing the signs from being place.
18. Mr X complained to the Ombudsman as he felt the Council had upheld his complaint but had failed to rectify the issues.

Analysis

19. In response to my enquiries, the Council provided a detailed account of the actions it has been taking to try and implement the new signs. However, it is clear from the Council’s response to the Ombudsman and to Mr X that there has been continuous service failure for different reasons. These include:

• the Councils internal systems failing, which resulted in delays in raising invoices, ordering signs, and approving signs.
• The Council’s contractors creating and placing incorrect signs.
• The agreement between the Council and the contractors coming to an end.

20. The Council has already upheld Mr X’s complaint and has acknowledged there has been further delay in carrying out the agreed actions.
21. Mr X runs the local group which promotes areas available for the public to walk. He therefore had local knowledge of the information and guidance of the signs without needing to rely on them. However, Mr X’s concerns about the potential impacts of poorly maintained signs on the rest of the public was understandable. The Council’s delay in rectifying the issue and adhering to its agreed timescales would have caused Mr X frustration, as well as time and trouble in continually pursuing the issue.
22. For the reasons set out above, I am recommending the Council carry out the necessary actions to have the signs in place, but to also develop a method of clearer communication and expectations with Mr X and the community about how and when it will be carrying out any further action. This would better explain to the public the necessary steps the Council must take and what should be expected.
23. I understand part of Mr X’s complaint is that the Council has also delayed this year’s sign. The timeframe initially agreed between Mr X and the Council has not yet expired and so it would be premature to make a finding of fault at this stage. However, I am satisfied that the recommendations made will ensure the Council has a measurable plan of action to follow to ensure that this year’s sign and any going forward are implemented in a timely manner.

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Agreed action

24. Within 4 weeks the Council has agreed to

• Apologise to Mr X for the service failure.
• Pay Mr X £50 in recognition of the frustration caused to him.

25. Within 12 weeks the Council should

• Ensure signs A and B are in place.
• Develop an action plan on how it will manage sign replacement going forward. This should include how it will communicate about expectations and timeframes with Mr X and members of the public.

26. The Council should provide us with evidence it has complied with the above actions.

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Final decision

27. I have completed my investigation. I find fault with the Council for failing to carry out its duty in implementing the signs.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman