Summary: We will not investigate this complaint about the Council’s failure to progress an application for footpaths to be turned into bridleways. The complainant has already appealed to the Secretary of State.

The complaint

1. Ms X is complaining on behalf of an association. She says the Council has failed to progress an application the association made for a Definite Map Modification Order (DMMO).

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms X says the association made a DMMO application for the Council to upgrade the footpaths to bridleways in 2017. By 2019 this application had not been looked at. Therefore, she applied to the Secretary of State who directed the Council to process it by August 2020. However, Ms X says the Council has failed to do this and has used lack of resources as an excuse.
7. The Ombudsman cannot consider complaints where the complainant has already appealed to a government minister. In this instance the Secretary of State is already involved.
8. If Ms X is still not happy with the Council’s conduct, it would be reasonable for her to apply again to the Secretary of State.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because she has already appealed to the Secretary of State.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman