Footpaths and rights of way

This fact sheet is aimed primarily at people who have problems related to footpaths and rights of way that they regularly use, or which cross their property, and who may be considering making a complaint to the Ombudsman. Rights of way can include footpaths, bridleways and byways open to all traffic.

I am unhappy about the way the council is dealing with a disputed footpath near my home. Can the Ombudsman help me?

Yes, in some circumstances. If you believe the council has made an error in carrying out its duties to assert and protect the right of the public to use footpaths and that this has caused problems for you, we may be able to investigate your complaint.

But if your complaint concerns one of the following we are unlikely to be able to help.

  • The service of a notice, where there is a right to appeal to the courts. This is because we would generally expect you to use the available remedy of the appeal to the courts if you wished to challenge the council’s actions.
  • A dispute about whether or not a public right of way exists across your land. There is a legal process for determining such disputes and we would generally expect you to pursue the matter through those proceedings.
  • The failure of the council to take action to secure the removal of an obstruction from a footpath or right of way. You can apply to the Magistrates’ Court for an order under s130 of the Highways Act 1980 requiring the council to take action and we might take the view that it would be appropriate for you to pursue that option.
  • Delay by the council in considering a request to add a footpath to the Definitive Map (ie to confirm that the public does have a right to use the footpath). Under rights included in the Wildlife and Countryside Act 1981 you can apply to the Secretary of State for an order requiring a council to deal with your request and we may take the view that this is the most appropriate course of action. 

How do I complain?

You should normally complain to the council first. Councils often have more than one stage in their complaints procedure and you will usually have to complete all stages before we will look at your complaint.

The council’s policy should say how long it will take to respond. Our Complaint Handling Code says councils should have no more than two stages in a complaint process. The longest a complaint should take is 16 weeks.

The council should provide you with updates on your complaint, including when it may take longer to respond.

If your complaint is not making any progress, you can follow our top tips for making a complaint to find out what is happening.

If you complained more than 16 weeks ago, and you have not received a final response, we may be able to make enquiries about what is happening to your complaint. You should have tried to ask the council what is happening before contacting us about any delay.

If the council has sent you a final response (usually saying something like ‘this is our final response’) and you are unhappy with the outcome, you can complain to us.

You should normally make your complaint to us within 12 months of realising that the council has done something wrong.

If you can consider my complaint what will the Ombudsman look for?

We look at what the council has done, whether there have been any errors or failures and if so how this has affected you.

Some faults we might find are that the council:

  • delayed in completing the necessary legal procedures after a decision had been taken to make an order to divert or to confirm a right of way
  • failed to take account of the existence of footpaths when considering the grant of planning permission
  • failed to follow correct legal procedures when closing a footpath, or
  • delayed giving, or gave incorrect advice in responding to questions about footpaths and rights of way.

What happens if the Ombudsman finds that the council was at fault?

It depends on the fault and what the consequences are for you. We may recommend that the council take action to put things right, for example:

  • reinstate signage for a footpath
  • set a timetable for a decision on the action to be taken in respect of a right of way, or
  • give correct advice on the extent of the council’s powers.

We may also recommend that the council offer you compensation for the time, trouble or expense you were put to in pursuing your complaint or for costs incurred because of the council’s errors.

Where we find fault with the council’s procedures we will often recommend that the council introduces changes so that the same problem does not occur again in the future.

Examples of some complaints we have considered

Mr D complained the council delayed resolving a blocked public right of way. We found the council at fault for delay and for failing to review Mr D’s original complaint in 2022. This potentially meant the public right of way remained blocked for longer, and caused Mr D frustration and inconvenience pursuing the matter. In recognition of this, the council escalated Mr D’s complaint in 2023. It also agreed to update Mr D on the progress of the case going forward.
Mr X complained of the council’s handling of a Definitive Map Modification Order which was submitted in 2018 regarding a pathway. He said the council has failed to submit the order to the Planning Inspectorate for it to consider and therefore a decision has still not been made whether to add the pathway as a Public Right of Way to the Definitive Map. As a result, Mr X says the pathway is at risk of being restricted to users because a developer has submitted a planning application and intends to divert the pathway. The council was at fault as it has not submitted the order to the Planning Inspectorate to date. However, there is no injustice to Mr X or other users as the developer could apply to divert the pathway regardless of whether it is recorded on the definitive map.
Mr X complains the council has not taken action to enforce a highway from being overgrown and unusable. The council is at fault because it delayed taking action over the obstructed highway and did not deal with Mr X’s complaint properly. Mr X was unable to use the highway and remained unclear what action the council were taking to deal with his complaint. The council should remedy the highway obstructions and make service improvements.

Other sources of information

The Gov.uk website has useful information on public rights of way: www.gov.uk/right-of-way-open-access-land/public-rights-of-way

Institute of Public Rights of Way and Access Management (IPROW). See www.iprow.co.uk

The Ramblers’ Association also has a range of advice and information available: www.ramblers.org.uk

Our fact sheets give some general information about the most common type of complaints we receive but they cannot cover every situation. If you are not sure whether we can look into your complaint, please contact us.

We provide a free, independent and impartial service. We consider complaints about the administrative actions of councils and some other authorities. We cannot question what a council has done simply because someone does not agree with it. If we find something has gone wrong, such as poor service, service failure, delay or bad advice and that a person has suffered as a result we aim to get it put right by recommending a suitable remedy.

September 2025

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