Summary: We will not investigate this complaint about closure of a footpath and a lack of signage on a bridleway. This is because we are unlikely to find fault and there is insufficient injustice claimed to warrant investigation.

The complaint

1. Mr X complains the Council have closed a public footpath and failed to ensure adequate signage on a public bridle path. He also complains of poor communication and complaint handling.

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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.

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

6. In 2023, the Council issued a temporary closure of a public footpath due to public safety concerns. This followed the prescribed 21-day notice period.
7. In 2023, Mr X contacted the Council to raise questions about the public footpath, as well as raise an issue with inadequate signage on a separate bridleway. This was escalated to a complaint in 2024.
8. Mr X complains he did not receive a substantive response from the Council until 2025 when his MP contacted the Council about the matters.
9. I am unlikely to find fault with the Council’s decision to close the public footpath. This is because the Council followed the correct process by publicising their intention to close the footpath, giving members of the public the opportunity to object.
10. Furthermore, the decision to close the footpath was made in 2023. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
11. The Council have acknowledged the need for an additional sign on the bridleway and have stated they will arrange for one to be installed. I recognise Mr X is unhappy at the Council’s response, but we will not investigate as the outstanding injustice caused is not significant enough to justify our involvement.
12. We will also not investigate how the Council dealt with Mr X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Investigator's decision on behalf of the Ombudsman