Summary: We will not investigate this complaint about how the Council dealt with Mrs X’s request for restrictions to be placed on public rights of way. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complains the Council has failed to protect public rights of way in its area from damage from motor vehicles. Mrs X says the Council has not properly considered its own policy when reaching decisions. Mrs X says the use of the rights of way by motor vehicles poses a danger to walkers and has a negative impact on the tranquillity of the area.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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 is unhappy that the Council has refused to restrict the use of byways open to all traffic (BOATs) in its area. Mrs X is especially concerned about the use of BOATs by motorcycles.
7. There is insufficient evidence of fault in how the Council has considered Mrs X’s request for the use of BOATs to be restricted. The Council has considered reports of inappropriate use of BOATs as well as damage caused but has decided there is not enough justification for imposing restrictions. The Council has considered its relevant policies in reaching its decision.
8. Mrs X may disagree with the Council’s conclusions but in the absence of evidence of fault in the way the decisions were reached we cannot criticise the Council.

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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