The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with Mr X’s application for a Definitive Map Modification Order. This is because there is insufficient evidence of fault in how the Council has dealt with the application. Mr X was also not caused an injustice as a result of any advice the Council gave to the landowner.
The complaint
Mr X complains the Council told a landowner to block a public right of way that had been in existence for over 50 years and provided them with legal advice.
Mr X says the Council has overstepped its authority and the blocked footpath means the public are placed at danger in having to walk along a narrow pavement alongside a busy road.
The Ombudsman’s role and powers
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, or any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The footpath is not registered as a public right of way. Mr X has submitted a Definitive Map Modification Order (DMMO) to have the footpath recognised as a public right of way due to its use over a significant period of time. The Council is currently considering the application. The Council says the DMMO application is awaiting consideration along with other applications it is dealing with. There is insufficient evidence of fault in how the Council has dealt with the DMMO or prioritised the application.
The footpath has since been blocked by the landowner. Mr X says this was on the advice of the Council. Regardless of the advice given by the Council the landowner is entitled to block the footpath until the outcome of the DMMO is known. Therefore, Mr X has not been caused an injustice as a result of the action of the Council. It is likely the landowner would have chosen to block access regardless of advice given.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault in how the Council handled his application for a DMMO. Mr X was also not caused an injustice as a result of any advice the Council gave to the landowner.
Investigator's decision on behalf of the Ombudsman