Summary: We will not investigate this complaint about a bridleway because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

The complaint

1. Mr Y complained the Council has failed to stop motor vehicle using a public bridleway, despite saying it would act if it was provided with evidence to show there were no private rights in place. Mr Y says he has provided the Council with this evidence, and it has then failed to act.
2. Mr Y says he has been verbally abused by drivers when he raises the issue with them, his property is regularly covered in mud and dust from vehicles driving on the bridleway and he has been inconvenienced by the time and effort he has spent trying to resolve the issue.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

6. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y originally complained to the Council about the use of vehicles on the bridleway in 2021.
8. The Council investigated and did not uphold Mr Y’s complaint about the matter in September 2021. It said that although it is an offence to drive a vehicle on a public bridleway without authority, there was a dispute between the two third-party landowners about whether there is a private vehicular right of way. The Council said this was a private matter between the landowners, but if it was shown that no private vehicular rights of way exist, the Council would consider what appropriate action may be taken.
9. Mr Y then provided the Council with documentation which he believes demonstrates that there are no private vehicular rights of way on the land in January 2023. Mr Y says he has not received a response from the Council.
10. Mr Y then complained to the Council in May 2025. He then complained to us in June. The Council provided its final response in July, explaining that after investigation, it did not consider vehicles to be blocking the right of way or stopping the public’s use of it. It therefore has decided not to act further on the issue.
11. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
12. Mr Y’s was aware of his dissatisfaction and reason to complain about the lack of action from the Council shortly after he sent documents to the Council in January 2023, more than 12 months ago. Consequently, his complaint about the lack of action is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons.
13. Our website provides guidance which says people should complain to us if they have not had a response within a reasonable time, this usually being within 12 weeks. Mr Y said when he came to us he had not received a response either to his email in January 2023 or to his complaint in May 2025. It is reasonable to expect Mr Y to have followed our guidance and complained to us much sooner and within 12 months of knowing about the matter.
14. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months. Consequently, there is not sufficient good reason to exercise our discretion, and we will not investigate this late complaint.
15. Further, as we are not able to investigate the substantive issue, it is not a good use of public resources to investigate the Council’s complaint handling. We will not investigate.

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Final decision

16. We will not investigate Mr Y’s complaint because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman