Leeds City Council (25 028 350)
Category : Transport and highways > Rights of way
Decision : Closed after initial enquiries
Decision date : 14 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s plans to implement a public pathway across the driveway in front of his house. A court is better placed to consider these matters.
The complaint
- Mr X complains the Council plans to introduce a public pathway across the driveway in front of his house.
The Ombudsman’s role and powers
- 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about its plans to introduce a public pathway across the driveway in front of his house.
- There are legal documents in place which outline who owns the land and who has the legal rights to use the land.
- The Ombudsman cannot determine disputed legal rights over land or make rulings about ownership, easements, rights of way or similar property interests. The courts have the powers and expertise to consider evidence, interpret legal documents and make binding decisions on these matters.
- I will not investigate this complaint because it is reasonable for Mr X to go to court if he disagrees with the Council’s plans to introduce a public pathway across the driveway in front of his house.
Final decision
- We will not investigate Mr X’s complaint about the Council’s plans to implement a public pathway across the driveway in front of his house. A court is better placed to consider these matters.
Investigator's decision on behalf of the Ombudsman