The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with blocked footpaths, for various reasons. Some of Mrs X’s complaints are made late and there are not good reasons to investigate now. Mrs X can address any remaining blockages through the courts. Mrs X’s complaint about the cost to the public purse is outside our legal remit as it affects all or most of the people in the Council’s area. Mrs X’s complaint that the Council has failed to properly respond to a freedom of information request is best dealt with by the Information Commissioner’s Office.
The complaint
Mrs X complains the Council failed to follow its own procedures in dealing with blocked public rights of way and though it has carried out clearance work, some obstructions are still in place. Mrs X complains the Council has showed bias to the landowners in question which has resulted in the cost of the work being paid for from the public purse. Mrs X also complains the Council has not properly responded to her information requests about these issues. Mrs X says this has caused her worry, anxiety and inconvenience. Mrs X wants the Council to review its procedures and seek to recover public money from the landowners in question.
The Ombudsman’s role and powers
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) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended) The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains the Council failed to take action for a number of years to remove obstructions from a footpath and though it has now carried out work, in October 2021, Mrs X says some obstructions are still in place.
The Council has taken action to allow access and if Mrs X feels obstructions are still in place, it is open to her to ask the courts to order the Council to remove them, under the provisions of the Highways Act 1980. I consider it is reasonable to expect Mrs X to use this right. As this remedy was available, I do not consider we should investigate any complaint about delay by the Council in dealing with this matter.
Mrs X makes similar complaints about how the Council dealt with two other rights of way two years ago. This complaint was not brought to us within a year of Mrs X knowing about the problem and so is made late to us. Mrs X could have complained to us sooner and I do not consider that there are good reasons to investigate now.
Mrs X’s complaint that the Council has not charged the landowners for the work carried out but that it has been paid for from the public pursue is not within our legal remit as it affects all or most of the people in the Council’s area. As per paragraph four, we cannot therefore investigate.
The Information Commissioner’s Office (ICO) is the UK’s independent authority on information rights and is best placed to deal with Mrs X’s complaint that the Council has not properly responded to her information requests.
For these reasons, we will not investigate.
Final decision
We will not investigate Mrs Xs’ complaint because some are made late and it is reasonable to expect Mrs X to take court action to address any outstanding issues. The complaint about the cost to the public pursue is outside our legal remit and the complaint about information rights is best dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman