Summary: We will not investigate this complaint about a blocked bridleway. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complains a bridleway has been blocked and she has been unable to ride a horse along it for two years. Mrs X would like the Council to take enforcement action against the landowner so the bridleway can be used for the purpose it was intended.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X complains she has been unable to a ride horse along a bridleway for two years. Mrs X says cattle grids are blocking the route and these are not recorded on the Council’s Definitive Map. Mrs X says one gate bypassing a cattle grid has been purposefully modified so it cannot be opened. Mrs X would like the cattle grids to be filled in where they are illegal and the gates to be made fully operable, well maintained, appropriate and safe.
6. The Council says it adopted a prioritisation framework in 2017 for complaints about issues affecting rights of way. It says it assessed Mrs X’s complaints against this system. The Council says:

• it has taken enforcement action against two landowners in relation to the gates;
• it acknowledges that the cattle grids have not been formally recorded on the Definitive Map and Statement. However the Council says a private Deed of Grant pertaining to one property indicates cattle grids on this route were installed in the 1960s. In addition, the Council says anecdotal evidence suggests that other cattle grids have been in place for around 50 years. The Council says given the lack of reports it is reasonable to assume that users have been successfully accessing the routes via available bypass gates for a considerable period of time.
• it considers there are usable bypass gates adjacent to the cattle grids which are deemed suitable.
• it has advised Mrs X that it will seek opportunities to improve cattle grid bypass gates with landowners as appropriate and that no enforcement action is proposed at this time, in line with its prioritisation framework.
• it will continue to advise Mrs X when issues are fully resolved in line with operational practice.

7. The Council has taken steps to respond to Mrs X’s concerns inline with its prioritisation framework and its legal duties. Therefore, there is insufficient evidence of fault by the Council and so we will not investigate this complaint.

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Final decision

8. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman