The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s viewpoint on a right of way modification order. The matter is subject to a public inquiry by the Planning Inspectorate and that body will decide the outcome of the order.
The complaint
Mr X complained about the Council taking a neutral stance in its report on a Definitive Map Modification Order for a footpath in his area. He says that the Council should have objected to the confirmation of the order instead of taking a neutral view and leaving the decision to the Planning Inspector.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide further investigation would not lead to a different outcome, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council has taken a neutral stance in its report to an upcoming public inquiry into a right of way modification order. He believes it should have objected to the order.
The Council says that it will not object to the order and it is taking a neutral stance because it needs to be seen to be impartial and if it objected it would show favouritism to the objectors in a contested matter. Mr X is one of the objectors and the objectors have an opportunity to put their case to the Inspector at the public Inquiry.
We will not investigate this complaint. There is no evidence of fault in the Council’s position on this matter and it will be finally determined by the Planning Inspectorate acting on behalf of the Secretary of State. We would not offer any comment on the order subject because this may compromise the Ombudsman’s impartiality and that of the Inquiry.
Final decision
We will not investigate
Investigator's decision on behalf of the Ombudsman