Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s approach to managing its Definitive Map of Rights of Way. This is because we are unlikely to find fault by the Council and there is no personal injustice to Mrs X.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complains about the Council’s approach to managing its Definitive Map of Rights of Way (Definitive Map).
• She says it has failed to record footpaths that are on the list of streets on its Definitive Map; and
• It has refused to adopt a more collaborative approach and work with local people to ensure all relevant footpaths in the borough are recorded on the Definitive Map.

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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:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained.

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

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How I considered this complaint

3. I have considered the documents shared by Mrs X and the Council’s responses. I have also considered Mrs X’s comments on a draft of this decision.

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What I found

Background

4. Any member of the public may apply to their local highway authority for a Definitive Map Order (DMO) if they think a public right of way is not recorded on the authority’s Definitive Map or if it is shown incorrectly or should no longer be recorded. The process for confirming a public right of way exists and adding it to the Definitive Map is complex, lengthy and time-consuming.
5. Mrs X worked with other local people to gather data on footpaths in the borough. She says the Council’s Definitive Map is missing over 100 footpaths. Mrs X asked the Council to work with her and other organisations to record footpaths that are on the list of streets on its Definitive Map. She contacted several councillors and spoke with Council officers. Mrs X says the Council refused her request and was unwilling to change its approach. Mrs X complained to the Council.
6. In its responses the Council told Mrs X its officers had checked the requirements. It said the law does not require or permit footpaths appearing on the list of streets to automatically be recorded on the Definitive Map. It had considered the records and historical maps for each location and had not discovered any path not currently on the Definitive Map. The Council also told Mrs X about the legal process available to add a footpath to the Definitive Map.
7. Mrs X has started to record individual footpaths through the legal process available. However, she remains unhappy. She says the Council is failing its legal duty to keep the Definitive Map under review and up to date.

Assessment

8. The Council explained how it investigated the footpaths known to it or those brought to its attention. It found no further paths that needs to be recorded on its Definitive Map. I have not seen any evidence of fault by the Council to warrant an investigation by the Ombudsman. Also, we will not investigate a complaint where the claimed fault has not caused injustice to the person who complained. As it has not been possible for Mrs X to provide evidence of any significant personal injustice to her, there is no justification to warrant our involvement.
9. In addition, the Ombudsman will not normally consider complaints as a way to raise a wider political or community campaign. In such cases concerns may be better addressed to local councillors or MPs. Mrs X has already raised her concerns with local councillors, and she has started registering individual footpaths through the legal process available. While I understand this is a complex and lengthy process, it is the process set out by law for registering footpaths on the Definitive Map.

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Final decision

10. I will not investigate this complaint about the Council’s approach to managing its Definitive Map of Rights of Way. This is because we are unlikely to find fault by the Council and there is no personal injustice to Mrs X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman