Summary: Mr X complains the Council refuses to close a public footpath that runs alongside his home. The Ombudsman will not investigate this complaint as he is unlikely to find fault in the Council’s actions.

The complaint

1. Mr X complains the Council refuses to close a public footpath that runs next to his home. He says he and his family experience anti-social behaviour from some of those who use the footpath.
2. He wants the Council to resolve the problems.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault
• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants
• there is another body better placed to consider this complaint

(Local Government Act 1974, section 24A (6), as amended)

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered the information provided by Mr X, including the Council’s response to his complaint. He commented on the draft version of this decision.

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What I found

6. Mr X’s home was built alongside an existing public footpath.
7. He complained to the Council about anti-social behaviour from people using the path. He says this is a risk to him and his family. He wants the footpath closed.
8. The Council told Mr X that his request does not meet the criteria for closing a public footpath. It advised him to report any safety or anti-social behaviour concerns to the community safety team at the Council and provided a link to the relevant page on its website. Mr X disagrees, saying the existence of the footpath breaches his right to safety, security and privacy which he believes the Council has a duty to protect.

Assessment

9. The closure of public footpaths can only be made under certain pieces of legislation, mainly the Highway Act 1980. This Act specifies the criteria under which public footpaths may be closed. These include:
• Unnecessary highway: A person can apply to close a footpath under section 116 of the Highways Act 1980 if it is unnecessary to the public and if there is a nearer or more commodious route. This process is subject to a public consultation.
• To enable development: A landowner may apply to divert or remove a public right of way if they have planning permission to develop the land over which the right of way runs. Such applications are made under section 257 of the Town and Country Planning Act 1990.
• In the interest of the landowner or public: Landowners may apply under section 118 of the Highways Act 1980 to divert a public right of way on their land. They must demonstrate that it is beneficial to move the path and that the alternative route will not be less convenient or less enjoyable to the public.
• If the path is not needed for public use: Applications to close public rights of way may also be made under section 118 of the Highways Act 1980 if it is no longer need for public use.
10. There is no provision to close a right of way because of misuse or anti-social behaviour.
11. I understand Mr X disagrees with the Council. However, the Council has considered his request and confirmed it does not meet the requirements to close the footpath. It has advised him to report any issues of anti-social behaviour to the community safety team. This accords with the legislation and we are unlikely to find fault here. Without fault the Ombudsman cannot criticise the Council’s actions no matter how strongly the complainant may disagree with them.

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Final decision

12. I will not investigate this complaint. We are unlikely to find fault in the way the Council consider his request to close a public footpath.

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Investigator's decision on behalf of the Ombudsman