Summary: We will not exercise discretion to investigate this complaint about the Council removing stiles from a footpath on Mr X’s land. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council giving him notice in 2023 that it would remove stiles from a re-instated footpath on his land because it believed they were unauthorised obstructions. The Council removed stiles in June 20924 without obtaining any court order or warrant to do so.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

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

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My assessment

5. Mr X says the Council told him it would remove stiles on a footpath on his land because it believed they were unauthorised. He says that the Council or former councils installed the stiles in the past and that he has suffered 18 months of avoidable stress disputing the matter with the Council.
6. We will not investigate this complaint which concerns matters the complainant has been aware of more than 12 months before complaining to us. The Council gave notice in December 2023 that it would remove the stiles imminently. It did not do so until June 2024 and Mr X did not complain to us until July 2025.
7. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
8. The Council could have taken action as soon as the notice period had ended without any court order or warrant under s.143 of the Highways Act 190 which gives highway authorities powers to remove obstructions. It was reasonable for Mr X to complain to us within a year of the proposed action.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council removing stiles from a footpath on Mr X’s land. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman