Summary: We will not investigate Miss X’s complaint about the Council’s decision to block a shortcut. There is insufficient evidence of fault to justify investigation.

The complaint

1. Miss X complains the Council blocked a shortcut she used.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council blocked an informal shortcut through a hedgerow.
6. Miss X says she now must walk further using the footpath. She says the path has poor lighting.
7. The Council have explained the cut through was not intended as a public right of way. The Council have inspected the footpath and confirmed it is suitable and should be used instead.
8. There is insufficient evidence of fault by the Council. It is reasonable for a council to block an informal shortcut.
9. We will also not investigate how the Council dealt with Miss X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman