The Ombudsman's final decision
Summary: We will not investigate this complaint about a closed public footpath. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late, and we have seen no reason why it could not have been made much sooner.
The complaint
Mr X complains the Council has not acted to reopen a public footpath which has been closed since 2013. He says the closed footpath makes maintaining his boundary difficult and has reduced the resale potential and value of his property. Mr X wants the footpath reopened
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint. The law says we may not investigate any complaint where the complainant was aware of the matter more than 12 months previously, but we may exercise discretion to investigate if there are good reasons to do so.
Mr X has been aware of the footpath closure for more than ten years. The complaint is therefore late. I have seen no reason why he could not have complained to the Ombudsman much sooner. Therefore, we will not exercise discretion and investigate.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman