Summary: We will not investigate this complaint about the temporary closure of a public footpath as it has reopened. We cannot reasonably expect to achieve significantly more.

The complaint

1. Mr X first complained the Council closed a footpath due to safety concerns without having properly investigated any safety risks. Mr X complained the alternative route suggested for pedestrians was more dangerous. He wanted the footpath reopened.
2. Mr X has since told us the footpath has reopened but he now has concerns about safety risks to pedestrians.

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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 further investigation would not lead to a different outcome, (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X said that since making his initial complaint the footpath has reopened. This is what Mr X wanted and an investigation by the Ombudsman would not achieve significantly more. Mr X also fears the Council might close the path again. That point is speculative, so it would be disproportionate for us to pursue it.
8. Mr X has told us he now has concerns about safety on the reopened footpath. This is a new matter, not part of the original complaint to us about the closure, so the restriction in paragraph 4 applies. There is no good reason to deprive the Council of the opportunity to deal with a complaint about the new situation. Mr X should raise these issues with the Council through its complaints procedure before bringing them to us.

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Final decision

9. We will not investigate Mr X’s complaint. This is mainly because it is unlikely we would achieve significantly more now the footpath has reopened.

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Investigator's decision on behalf of the Ombudsman