Summary: We will not investigate this complaint about the Council removing a stepped path and handrail near Mrs X’s property. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complains the Council has removed a stepped path and handrail near her property without considering what impact this would have on her and other residents. She says the Council has also removed benches near her property which were used for taking respite. Mrs X says she cannot walk up the hill without assistance.
2. Mrs X wants the Council to reinstate the path with the handrail, put the benches back and put back the entrance to the woods.

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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 there is not enough evidence of fault to justify investigating. (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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained to the Council about the removal of the steps and handrail. In her escalation request, she raised issues with the Council removing benches, cutting off access to the woods and failure to erect crash barriers.
7. The Council said its stage two investigation considered whether its stage one response was accurate. It said it removed the handrail because of ongoing safety concerns about the uneven steps. It has provided an alternative route and is considering whether to install a replacement handrail on the route.
8. There is insufficient evidence of fault by the Council. The Council removed the handrail because of safety concerns, and we could not criticise that decision. The Council is considering alternative arrangements. Mrs X raised the other issues after her initial complaint, so the Council did not consider them at stage two, in line with its complaints policy. It is open to Mrs X to make a new complaint to the Council about those matters.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman