Summary: We will not investigate this complaint about the Council’s maintenance of a public footpath because it is reasonable for Ms X to go to court.

The complaint

1. Ms X complains the Council failed to address public footpath disrepair. Ms X was injured in a fall on the footpath and is concerned it poses a risk to others.
2. Ms X wants the Council to urgently repair the footpath.

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The Ombudsman’s role and powers

3. 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)

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How I considered this complaint

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

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My assessment

6. Ms X has the right to apply to a Magistrates’ Court for an order requiring the Council to take whatever action is needed to bring a public footpath up to standard.
7. Only the courts can decide whether the Council has maintained the footpath properly or is liable for personal injury due to a failure to repair the footpath. The law also gives the Council the right to defend in court against any claims. Therefore, it is reasonable for Ms X to go to court and so I will not investigate.

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Final decision

8. We will not investigate this complaint because it is reasonable for Ms X to go to court.

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Investigator's decision on behalf of the Ombudsman