Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s delay in removing an obstruction from a public footpath. This is because the Council has now removed the obstruction and if it had not, Mr X may have taken the matter to court.

The complaint

1. The complainant, Mr X, complains the Council took too long to deal with an obstruction to a public footpath.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
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)

Back to top

How I considered this complaint

4. I reviewed Mr X’s complaint and the Council’s response and discussed the case with Mr X.

Back to top

What I found

5. Mr X contacted the Council to report an obstruction to a public footpath in 2019. The Council took several weeks to investigate and deal with the issue, but it has now taken action to ensure the footpath is cleared.
6. The Ombudsman will not investigate this complaint. The Highways Act 1980 places a duty on the Council to keep public highways free from obstructions and Section 130A allows any person to serve notice on it as the highway authority to remove an obstruction, should they so wish.
7. Had the Council not acted to remove the obstruction it would have been reasonable for Mr X to serve notice under Section 130A and, if it did not act, he may have applied to the magistrates’ court for an order requiring action.
8. However the Council has now taken sufficient action to deal with the matter so the issue is resolved. This provides a suitable remedy for the issue and there is no basis for our further involvement.

Back to top

Final decision

9. The Ombudsman will not investigate this complaint. This is because the Council has taken action to deal with the obstruction and if it had not, it would have been reasonable for Mr X to take the matter to court.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman