Summary: We will not investigate this complaint about the way the Council dealt with a Footpath Diversion Order following a planning application. This complaint is late and there are no good reasons to exercise discretion and investigate the matter now.

The complaint

1. Mr X is complaining on behalf of a walking charity. He says the Council failed to process a Footpath Diversion Order (FDO) on a Public Right of Way (PROW).
2. Mr X also says the Council failed to respond to his enquiries when he made contact about progress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by Mr C and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says two planning applications made in 2018 and 2019 made it necessary for the Council to process a FDO application on two PROWs.
8. The Council accepts it has delayed processing the FDOs but has said it needs the County Council’s expertise.
9. Mr X has known about this since 2018 and 2019. I appreciate the Council delayed responding when he enquired about progress. However, Mr X could have complained to the Ombudsman within a year of being aware this was an issue.
10. Therefore, this complaint is late and there are no good reasons to exercise discretion and investigate.

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Final decision

11. We will not investigate Mr X’s complaint because it is late and there are no good reasons to exercise discretion and investigate.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman