Cheshire East Council (25 005 109)
Category : Transport and highways > Rights of way
Decision : Closed after initial enquiries
Decision date : 23 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council failing to repair and reopen a closed public footpath. This is because it is reasonable for Mr X to pursue this matter at court.
The complaint
- Mr X said the Council closed the footpath in December 2021 and it has not reopened since.
- Mr X said the Council has not given clear answers when he has asked when the footpath will reopen, stating only that it is unsafe for public use.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The footpath was originally planned to reopen in November 2022 but the Council found part of it was damaged, which meant it was not safe for the public to use. The Council has not reopened the footpath because it said it does not have the money to repair it.
- The Council is in on-going talks with the landowner to discuss partially diverting the route around the damaged section, but Mr X said these talks have been happening for over a year with no signs of progress.
- The Council has a legal duty to maintain the public right of way and to carry out repairs when needed under Section 41 of the Highways Act 1980.
- If Mr X believes the Council has failed to comply with its duty, he can ask the Magistrates Court to decide if the footpath is out of repair and if the Council must repair it. Section 56 of the Highways Act 1980 expressly provides this right for such situations, and it would be reasonable to expect Mr X to use it in this case.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to pursue this matter at court.
Investigator's decision on behalf of the Ombudsman