Liverpool City Council (22 017 506)
Category : Transport and highways > Rights of way
Decision : Closed after initial enquiries
Decision date : 13 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council has blocked access routes into a piece of woodland that Mr X says has been used by the public for many years. This is because the injustice caused to Mr X is not sufficient to warrant our involvement and there is also a procedure in law Mr X can follow to seek a resolution.
The complaint
- Mr X complains the Council has blocked several access paths, into a piece of woodland, with fencing. Mr X says the paths have been used by the public for several decades and wants access to be re-instated.
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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))
- The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has not provided evidence of a significant personal injustice to him arising from his complaint and so I do not consider there are grounds to investigate.
- In addition, Mr X has the right under the Wildlife and Countryside Act 1981 to ask the Council to publicly record the paths as public rights of way by making an application to it for a definitive map modification order. If the Council refuses to make such an order, then Mr X would have the right to appeal to the secretary of state.
- For these reasons, we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of a significant personal injustice caused to him and ultimately, he can ask the secretary of state to decide this matter.
Investigator's decision on behalf of the Ombudsman