Summary: We will not investigate this complaint about the Council failing to prevent a right of way from being obstructed by growing crops. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Dr Y complained about the Council’s failure to prevent a local landowner from obstructing a right of way near her home by allowing crops to obscure the route and prevent it being accessed.

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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
• 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. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Dr Y says the Council failed to ensure that a local footpath, which extends from one on her own land, was not obstructed by the landowner. She has reported obstruction of the right of way in previous years due to crops growing and making the line of the path invisible and obstructed by growth when the crop is at full height.
6. Miss X complained to us in July 2024 and by the time the Council had an opportunity to investigate, the growing season had ended. Councils as highway authorities have powers to require landowners to ensure that crops planted on land with rights of way crossing them do not cause obstruction. However, in this case Dr Y’s complaint to us in July was premature and the Council could not carry out an investigation by the time the complaints process was completed and the growing season ended. It would have been impractical for the Council to take any action over the temporary obstruction during the period of the complaint.

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Final decision

7. We will not investigate this complaint about the Council failing to prevent a right of way from being obstructed by growing crops. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman