Summary: We will not investigate this complaint about how the Council responded to reports of obstruction on a bridleway. This is because Mrs X has appeal rights to the Magistrates Court which we would reasonably expect her to use, so placing the complaint outside our jurisdiction.

The complaint

1. Mrs X complained the Council failed to resolve obstruction of a bridleway which is the only vehicular access to her home and neighbouring properties. She said overgrown vegetation has caused her to miss deliveries and large vehicles refuse to use the lane. She would like the Council to acknowledge the lane is the only vehicular access to residential properties and take action to ensure overgrown vegetation and obstructions are removed so it is safe for residents, deliveries and emergency services.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council’s complaint responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained the council refused to clear obstructions to a bridleway which prevent vehicular access to her home.
7. The Council has responsibility to ensure the public can use the rights of way network within the area it covers. The main responsibilities are:

• to maintain the surface of a right of way suitable for its appropriate use.
• to clear excess vegetation (not including arable crops) from the surface of a route.
• the maintenance of bridges intended for use on a public right of way.
• To sign any right of way with non-metalled surface where it leaves the roadside and waymark along the route where necessary.
• to enforce the removal of obstructions along rights of way that are found or reported to the team.

8. In its complaint response, the Council told Mrs X it had inspected the bridleway and decided it was safe for use for people on foot and on horseback. The Council said it was not responsible for protecting private vehicular rights over the bridleway.
9. It is clear that Mrs X disagrees with the Council’s decision the bridleway is adequately maintained. But this is not evidence of fault. If Mrs X wishes to challenge the decision, she may do so by taking the matter to court.
10. Section 130 of the Highways Act 1980 allows any member of the public serve a notice on the Council requiring it to clear an obstruction. If it fails to do so, Mrs X can ask the Magistrates Court to order it to do so. As we would reasonably expect Mrs X to make use of this alternative remedy, the complaint falls out of our jurisdiction and will not be investigated.

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Final decision

11. We will not investigate Mrs X’s complaint because she has appeal rights to the Magistrates Court which we would reasonably expect her to use, so placing the complaint outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman