Summary: Mr X complains about the Council’s Footpath Modification Order which he says diverts the public onto his land. The Ombudsman will not investigate as Mr X can make his objections to the Secretary of State.

The complaint

1. Mr X complains the Council has added an incorrect additional route to a Footpath Modification Order which he says will cause a nuisance to him as it diverts the public onto his land.

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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 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 there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Mr X said in his complaint and the comments he made in response to my draft decision, which I sent to him.

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What I found

4. Mr X complains the Council has added an incorrect additional route to a Footpath Modification Order which he says will cause a nuisance to him as it diverts the public onto his land. Mr X wants the Council to re-issue the order, in accordance he says, with the recommendations of delegated officer reports.
5. Mr X has objected to the Order and if he does not withdraw his objection, the Order will be passed to the Secretary of State to decide under the provisions of The Wildlife and Countryside Act 1981.
6. Mr X does not consider the law provides a route for his objections to be heard by the Secretary of State. Mr X refers to Natural England’s document: ‘A guide to definitive maps and changes to public rights of way’. Mr X considers this says the Secretary of State cannot consider objections to proposals to add new rights of way, which is the situation in this case.

Analysis

7. The law provides a route for objections to modification orders, including Mr X’s own particular objections, to be considered by the Secretary of State. I do not consider Mr X’s interpretation of Natural England’s document is correct.
8. This is the most appropriate way for Mr X to pursue this matter and so we will not investigate.

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Final decision

9. My decision is that the Ombudsman will not investigate this complaint. This is because we would expect Mr X to pursue this matter with the Secretary of State.

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Investigator's decision on behalf of the Ombudsman