The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s diversion of a footpath made a number of years ago. This is because the complainant appealed to the Planning Inspectorate about the matter so placing the complaint outside our jurisdiction.
The complaint
Mr X complains about the Council’s diversion of a public footpath in his locale which he believes should be reinstated back to its original location.
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 a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2018 Mr X lost an appeal to the Planning Inspectorate about the Council’s diversion of a footpath in his locale.
The restriction highlighted at paragraph 3 applies to this complaint. We cannot investigate a complaint where a complainant has exercised their right of appeal to the Planning Inspectorate which acts on behalf of the Secretary of State. By law, the complaint falls outside our jurisdiction, and we have no discretion here.
Moreover, the time restriction highlighted at paragraph 4 also applies to Mr X’s complaint. He has known about the matters of which he complains for over 10 years, and it is too late now for us to consider a complaint about them.
Final decision
We cannot investigate Mr X’s complaint because he appealed to the Planning Inspectorate about the matter so placing the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman