Summary: We will not investigate Mr X’s complaint the Council has failed to take action to clear obstructions on local byways. Mr X has the right to serve a notice on the Council requiring it to clear an obstruction. If the Council fails to do so, Mr X can ask the Magistrates Court to order it to do so.

The complaint

1. Mr X complains the Council failed to take action to clear obstructions on local byways despite making promises to do so.
2. Mr X also complains about the Council’s complaint handling.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended.
5. 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

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X communicated with the Council about obstructions on local byways in 2021 and 2022. In Spring 2023 the Council issued an enforcement notice but took no enforcement action. The Council communicated with Mr X during 2023 and 2024 and told him it would take enforcement action, but this was delayed while other processes were pending.
9. Mr X complained to the Council at the end of 2025 because the Council had still not taken the enforcement action. I have considered the 12-month period before Mr X complained to the Council.
10. Mr X has the right to serve a notice on the Council requiring it to clear an obstruction (Highways Act 1980 section 130 A to D). If it fails to do so, Mr X can then ask the Magistrates Court to order it to do so. It is reasonable for Mr X to serve this notice as he had been prepared to do so previously.
11. I will not investigate the matter of complaint handling as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

12. We will not investigate Mr X’s complaint the Council has failed to take action to clear obstructions on local byways. Mr X has the right to serve a notice on the Council requiring it to clear an obstruction. If it fails to do so, Mr X can ask the Magistrates Court to order it to do so.

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Investigator's decision on behalf of the Ombudsman