The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s applications to divert a bridleway. Part of the complaint is late, another part has already been considered by the Planning Inspectorate and there is insufficient evidence of fault in a recent decision related to an application to modify the definitive map.
The complaint
Mr X complains about the Council’s handling of his applications to divert a bridleway and his complaints about the matter. He also complains it has refused to appropriately prioritise determination of a recent application to modify the definitive map.
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 has done. (Local Government Act 1974, sections 26B and 34D, 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), as amended). The Planning Inspector acts on behalf of the responsible Government minister.
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 there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has been corresponding with Council about a bridleway that crosses his land for several years.
Mr X complains about the Council’s decision to refuse his application to divert the bridleway in 2016 and its actions following his complaint and review of the matter. We will not investigate this. Any complaint about Council decisions or actions from this time is late. There is no good reason why Mr X could not have come to us sooner if he was unhappy with Council decisions or actions at that time.
In 2018, the Council agreed to consider his application to divert the bridleway through the planning process. The decision was referred to the Planning Inspectorate and the appeal concluded in 2023. We cannot investigate this. The matters complained about have already been considered by the Planning Inspectorate and so we have no jurisdiction to investigate.
In 2023, he complained the Council had failed to appropriately prioritise determination of an application it has received to modify the definitive map. The Council has considered his request and told him it will make a determination by December 2024. The Council has explained its reasons for this timescale and the decision appears in line with prioritisation guidelines in its policy. There is insufficient evidence of fault in this decision to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because part of the complaint is late, part has already been considered by the Planning Inspectorate and there is insufficient evidence of fault in its recent decision to warrant an investigation.
Investigator's decision on behalf of the Ombudsman