Cumberland Council (26 004 480)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 22 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about restrictions to paths and cycle ways due to poorly designed planting schemes. This is because any injustice is not significant enough to warrant further investigation, and in any event, further investigation would not lead to a different outcome.
The complaint
- Mr X complains about the restrictions to paths and cycle ways due to poorly designed planting schemes. He says the paths are often unusable and says his complaint has not been resolved by the Council.
The Ombudsman’s role and powers
- 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:
- any injustice is not significant enough to justify our involvement, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In response to Mr X’s complaint, the Council explained its maintenance approach is guided by its policies and relevant legal requirements, including wildlife protection rules during nesting season. It accepted there was a need to ensure routine clearance of weeds and grass encroaching onto paths and cycleways. It said it would review its maintenance processes and consider whether it could programme additional works to address the issues Mr X raised.
- We will not investigate Mr X’s complaint. The injustice claimed is not significant enough to warrant further investigation. In any event, the Council’s response is proportionate, and it is unlikely further investigation would lead to a different outcome.
Final decision
- We will not investigate Mr X’s complaint because any injustice is not significant enough to warrant further investigation, and in any event, further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman