Summary: We will not investigate this complaint about the Council’s handling of a public right of way. There is not significant enough injustice to warrant investigation.

The complaint

1. Mr X complains the Council has taken no action over a blocked public right of way. He says he can no longer access the whole footpath or a nearby amenity from the main road.

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The Ombudsman’s role and powers

2. 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 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

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

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My assessment

5. Mr X says a footpath has been obstructed and because of this, he must walk 500 metres rather than 20 metres to access an amenity he uses about once a month. There is an alternative shorter route available to Mr X but he says he feels less comfortable using it.
6. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
7. Mr X can still access the amenity he uses, although I recognise it may be more inconvenient and less comfortable. But I do not consider this significant enough injustice to warrant the Ombudsman devoting time and public money to pursuing the complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is not significant enough injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman