Summary: We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complains the Council has failed to take responsibility for the maintenance of a footpath that he and his family use regularly. Mr Y says that he has spent a lot of time addressing issues of overgrown brambles to help make sure the path is accessible.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council told Mr X that the footpath is not an adopted highway, rather it is a private road. Therefore, it is not maintainable at public expense as set out in the Highways Act 1980. It is the responsibility of the private landowners (the frontagers) to carry out any maintenance works.
7. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether we agree with Council’s decision. In this case the Council has explained the responsibilities of the highway authority and private landowners regarding the unadopted road. The Council has no power to require the landowner to act to maintain the road. There is not enough evidence of fault by the Council. So, we will not investigate this complaint.

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Final decision

8. We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman