Summary: We will not investigate Ms X’s complaint about the Council closing a footpath. The complaint is late and there is no good reason to investigate now.

The complaint

1. Ms X complains the Council closed a long-established footpath which she believes is a public right of way, without following the Public Path Order process of consulting the public.

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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)
3. We consider 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 any injustice is not significant enough to justify our involvement. Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Council say the path was closed by the private landowner in 2020 as an emergency safety measure. Following its inspection, the Council agreed the risk justified closure and identified an alternative public highway route that is accessible, lit, surfaced, and of similar length. The Council say this is a suitable diversion.
7. We normally expect people to complain to us within twelve months of them becoming aware of a problem. The path was closed in 2020, but Ms X did not complain to the Ombudsman until 2026. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
8. Even if we were to exercise discretion to consider the late complaint, we would not investigate. While I appreciate Ms X may find the alternative route less appealing, we do not consider Ms X has experienced sufficient personal injustice to justify an investigation.

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Final decision

9. We will not investigate Ms X’s complaint because the complaint is late and there is no good reason to investigate now.

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Investigator's decision on behalf of the Ombudsman