Summary: We will not investigate this complaint about enforcement action taken by the Council because of an obstruction on a footpath, or how it considered Mr X’s request for reasonable adjustments. There is not enough evidence of fault by the Council to warrant our involvement.

The complaint

1. Mr X complained about action the Council took, where it told him to remove items from outside his property on a public footpath.
2. Mr X also complained the Council did not properly consider his request or anticipate his need for reasonable adjustments.
3. Mr X said the matters caused distress and frustration.

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The Ombudsman’s role and powers

4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained the Council acted unreasonably when it required him to remove items from a public footpath, outside his home. Mr X said the items had been outside his home for a long time.
8. The Highways Act outlines the Council’s responsibility to ensure the public can use public footpaths. This includes enforcing removal of obstructions along rights of way that are found or reported to it.
9. It is unlikely we would find fault in the Council enforcing its duties as a Highways Authority, to ensure available access for others.
10. Mr X said due to his disabilities, he needed assistance to remove the items. He said the Council did not consider its duties under the Equality Act before he contacted it to ask for assistance.
11. The Equality Act 2010 provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It offers protection, in employment, education, the provision of goods and services, housing, transport and the carrying out of public functions.
12. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.
13. The available evidence suggests the Council acted appropriately in this case and so it is unlikely we would find fault. When Mr X told it he needed assistance, the Council sent officers to his home to assist him.
14. As indicated at paragraphs nine and thirteen, there is not enough evidence of fault in the Council’s actions and therefore we will not investigate.

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Final decision

15. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman