Eden District Council (21 006 529)
Category : Transport and highways > Rights of way
Decision : Closed after initial enquiries
Decision date : 18 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a blocked right of way as there is insufficient evidence of fault by the Council.
The complaint
- Mrs X complains she is being denied access to a lane which runs to her property which she has used for 38 years and which Mrs X says is also a public right of way.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Eden District Council (EDC) has advised Mrs X it has no role in this matter as it does not own the land in question. It also advises that the relevant authority in respect of public rights of way is Cumbria County Council.
- There is no indication of fault by EDC in its response to Mrs X and so there are no grounds for us to investigate this complaint.
Final decision
- We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman