The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in changes to a right of way close to the complainants home. This is because there is insufficient evidence of fault by the Council. The complainant may also apply to modify the Definitive Map if she believes it to be inaccurate, this carries with it a right of appeal to the Planning Inspector.
The complaint
The complainant, who I will call Mrs X, complains about the Council’s decision to contribute funds to make improvements to a public right of way near her home. She also says the right of way is incorrectly aligned.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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) The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b)) The Planning Inspector acts on behalf of the responsible Government minister.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint about the Council’s decision to fund changes to a right of way. This is because there is insufficient evidence of fault by the Council. An officer visited the site and concluded that improvements needed to be made, the Council consulted with the landowner about the improvements and concluded that a contribution should be made by the Council as the improvements would benefit the public. Whilst Mrs X may strongly disagree with the Council’s decision this does not mean it has done anything wrong. Without evidence of fault, the Ombudsman cannot challenge the merits of the Council’s judgement or intervene to substitute an alternative view.
I will not investigate Mrs X’s complaint that the alignment of the right of way is incorrect. The Council has concluded that the right of way is aligned in accordance with the Definitive Map. If Mrs X believes the right of way is shown on the wrong place on the map, she can ask the Council for a Modification Order to the Definitive Map. The Council’s decision will then carry a right of appeal to the Planning Inspector. We would expect this right of appeal to be used.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council and because she can apply to modify the Definitive Map if she believes it to be inaccurate, this carries with it a right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman