The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to maintain a public footpath. This is because Mr X has an alternative remedy available to him against the Council through the Magistrates’ Court which we would reasonably expect him to use.
The complaint
Mr X complains about the Council’s failure to maintain a public footpath close to his home and its delay in dealing with a Subject Access Request in relation to the matter.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Over a number of years Mr X has complained to the Council about its lack of maintenance of a footpath close to his home.
In previous complaints to the Ombudsman, we have told him we will not investigate the matter because of the availability of an alternative remedy via the Magistrates’ Court. This restriction is highlighted at paragraph 3 above and our position has not changed.
Mr X says he received a late response to his SAR request to the Council contrary to the data protection laws. If he wishes to pursue this matter, the Information Commissioner’s Office is the body best placed to deal with it.
Final decision
We will not investigate Mr X’s complaint because he has an alternative remedy available to him against the Council through the Magistrates’ Court which we would reasonably expect him to use.
Investigator's decision on behalf of the Ombudsman