Middlesbrough Borough Council (20 003 096)
The Ombudsman's final decision:
Summary: Mrs D complains about a public right of way and matters associated with it including criminal damage. The Ombudsman has discontinued the investigation. That is because an investigation would not add to the Council’s response on part of the complaint. Other issues are premature and need to be considered under the Council’s complaints process before the Ombudsman can look into them.
The complaint
- The complainant (whom I refer to as Mrs D) says the Council failed to register a public right of way (PRoW) near her home. She also refers to criminal damage and other issues associated with the PRoW.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- 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 could add to any previous investigation by the Council, or
- it is unlikely further investigation will lead to a different outcome, or
- we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
- The law says we cannot normally investigate a complaint unless we are satisfied the Council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))
How I considered this complaint
- I have examined the information supplied by Mrs D. I have also checked with the Council about which matters have been considered under its formal complaints process.
- I shared my draft decision with both parties.
What I found
What happened
- Mrs D made a formal complaint to the Council in May 2019. The Council replied on 29 May. The Council addressed each key point of the complaint including criminal damage (which was mainly for the Police), why it would be disproportionate to prosecute horse riders and the request for a public waste bin.
- Since then Mrs D has been in touch with Council Officers and the Ombudsman. She is concerned about the Council blocking her installation of a fence and a kissing gate over the PRoW. She wants the Ombudsman to get the PRoW closed.
Reasons for my decision
- The Council has set out its reasoning in Mrs D’s formal complaint response in 2019. I do not see there is anything further an investigation by the Ombudsman would add to what the Council has already said.
- In respect of the issues raised by Mrs D since May 2019 these are premature as they have not been submitted as a formal complaint to the Council. Mrs D has the option of submitting a formal complaint to the Council and if she remains dissatisfied, she can then come back to the Ombudsman. However the Ombudsman would not be able to request the closure of a PRoW.
Final decision
- I have discontinued the investigation.
Investigator's decision on behalf of the Ombudsman