Summary: We will not investigate this complaint about rights of way. This is because the complaint is largely late with no good reason to investigate it now and Mr Y has not suffered an injustice for the remainder of the complaint.

The complaint

1. Mr Y complained the Council was unlawfully and excessively charging for public path orders, including in one case to divert a bridleway in its area due to an alleged planning error.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information Mr Y and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y initially complained to the Council’s Overview and Scrutiny Committee about his concerns around charging in March 2021. This committee found no fault, although Mr Y claims his complaint was mishandled. The Council then responded to further emails of complaint from Mr Y in May. It denied any fault and explained various points, including its arrangements for schemes of delegated powers.
7. Mr Y then complained again in September 2022 about the charging for public path orders, both excessively, at a fixed rate despite costs varying and seeking payment in advance. Mr Y explained in his complaint that he had “reported these issues and [his] concerns…in a written statement [in] March 2021”. He then referred to a specific application from May 2021, which a third party had described the charging by the Council as taking advantage of the applicant for a diversion of a right of way which Mr Y said had been blocked following a Council planning error.
8. The Council responded in September, referring to its earlier correspondence with Mr Y in May 2021 and explaining that as he was not the applicant for the diverted right of way, it could not discuss the application or any complaint about it with him. Mr Y then approached us in November 2022.

Analysis

9. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
10. Mr Y’s was aware of his reason to complain about the Council’s actions when he complained to the Council’s Overview and Scrutiny Committee in March 2021, more than 12 months ago. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner.
11. Further, our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
12. As Mr Y was not the applicant in the matter that he has complained about, he has not suffered a significant enough injustice to warrant our investigation. While he may be a concerned local council tax payer, any fault has not caused injustice to him, so we will not investigate.

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Final decision

13. We will not investigate Mr Y’s complaint because the complaint is largely late with no good reason to investigate it now and Mr Y has not suffered an injustice for the remainder of the complaint.

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Investigator's decision on behalf of the Ombudsman