Summary: Mr X complained the Council failed to publicly consult on the resurfacing of a local bridleway and failed to carry out his requested reasonable adjustments. We have ended this investigation because the injustice is not significant enough to justify our involvement and there is nothing worthwhile we can achieve by pursuing this matter further.

The complaint

1. Mr X complained the Council failed to publicly consult on the resurfacing of a local bridleway and failed to carry out his requested reasonable adjustments. Mr X complained as an individual and as a local campaigner and said the resurfacing work impacts negatively on the majority of users.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants, or
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. As part of the investigation I have considered the following:
• documents provided by Mr X and spoke to him on the telephone;
• documents and information provided by the Council; and
• relevant law and guidance.
4. Mr X and the Council had an opportunity to comment on my draft decision. I considered comments received before making a final decision.

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What I found

5. A bridleway is a public right of way which can be used for walking, horse riding, bicycles, mobility scooters or powered wheelchairs.
6. The Council resurfaced and widened a public bridleway near Mr X’s home using a different material. Mr X said the Council did not consult him or other local people on the resurfacing of the bridleway. He said before the bridleway was resurfaced he used it regularly, four to five times a week.
7. Mr X was concerned the new surface of the bridleway could cause injuries to its users, particularly in icy conditions, could cause injuries to dogs’ paws and other wildlife in hot conditions, cause a risk to life from increased cyclists’ speeds and be more harmful to walkers and runners joints.
8. The Council said it did not carry out public consultation before it resurfaced the bridleway because it was permitted development (that is development allowed within the planning rules without needing planning permission). The Council said the bridleway was an existing route, there were no adjoining residential properties and it was improving it to provide a suitable route for a broader range of users. The Council said it had carried out consultation with key stakeholders to help deliver the scheme. Mr X said the change in surface was a significant change and more than improvement works so required public consultation, he also had concerns about the key stakeholders consulted.
9. I have ended my investigation. Our role is to remedy personal injustice caused by Council fault. There is no evidence Mr X has been caused a significant injustice, or there is a significant injustice to others, from the Council’s actions. The injuries Mr X highlighted that could happen because of the change in bridleway surface are speculative. If I were to investigate it is unlikely I would say the Council was at fault given this was likely permitted development.
10. Mr X said the Council did not always carry out his agreed reasonable adjustments when he complained to the Council about the bridleway. The Council has already apologised to Mr X. This was appropriate action by the Council to remedy the injustice caused and I could not achieve anything further.
11. For the reasons above I have ended my investigation.

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Final decision

12. I have ended this investigation on the basis there is nothing worthwhile I can achieve by investigating further for the reasons set out above.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman