Hertfordshire County Council (21 016 069)
Category : Transport and highways > Rights of way
Decision : Closed after initial enquiries
Decision date : 02 Mar 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s decision to modify its Definitive Map to show a bridleway passing through Mr X’s property. This is because the complainant has appealed the Council’s decision to the planning inspectorate.
The complaint
- The complainant, who I will call Mr X, complains about the Council’s decision to modify the Definitive Map to show a bridleway passing through Mr X’s land. Mr wants the decision reversed.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
- The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In February 2021, the Council made an order to modify the Definitive Map to show a bridleway passing through Mr X’s land. Mr X has appealed the decision to the planning inspectorate and has complained to the Council about how it managed the application.
- I will not investigate Mr X’s complaint about the Definitive Map Modification Order. This is because he has appealed the Council’s decision to the Planning Inspector, who acts on behalf of a government minister. This places the Council’s decision outside of our jurisdiction. It also places the Council’s actions in reaching that decision outside of the Ombudsman’s jurisdiction, because they are inextricably linked to the decision itself.
Final decision
- We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman