Summary: We will not investigate this complaint about rights of way because any injustice is not significant enough to justify our involvement.

The complaint

1. Miss Y complained the Council has taken too long to open a right of way.
2. Miss Y says she believes she has a right to use the footpath and says she did not find the Council helpful or informative.

Back to top

The Ombudsman’s role and powers

3. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
6. In this case, while Miss Y may feel strongly about the issue and want to walk the rights of way she has referred to in her complaint, she has not suffered a serious loss, harm or distress which would warrant our use of public funds to investigate.

Back to top

Final decision

7. We will not investigate Miss Y’s complaint because any injustice is not significant enough to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman