Summary: We will not investigate this complaint about the Council’s handling of complaints about cattle on a public right of way as it is unlikely we will find fault by the Council.

The complaint

1. Mrs X complains the Council has failed to act to protect her and the public from cattle on a public right of way. Mrs X has been charged by the cattle and is now afraid to use the right of way.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council took various steps, following Mrs X’s report to it in early summer 2024 of an incident where she was charged by cattle. It liaised with other bodies, contacted the landowner, sought advice regarding legal avenues open to it, and sent the landowner a Community Protection Warning (CPW). Following this, the cattle were removed from the location. When the cattle were put back on the land soon after, Mrs X made a further report to the Council of being blocked from using the right of way by them.
6. The Council sent Mrs X its final complaint response prior to her making her second report to it. Mrs X complained to us around the time of the second incident. My understanding is that the cattle remain in situ.
7. I recognise Mrs X is dissatisfied that the cattle have not been removed. However, I consider it is unlikely we will find fault by the Council. It has responded to Mrs X’s report and complaint and taken steps to try to remedy the issue including liaising with another agency that may have legal powers to act. The Council cannot be held responsible for its actions. The Council did act using its powers under anti-social behaviour law and this appeared to have some impact as the cattle were removed. When the Council became aware the cattle had been put back, it resumed working on the case.
8. Mrs X complained to us soon after this. Any complaint regarding the Council’s response since this time would need to be made to the Council to allow it to respond before we could assess it. We can only assess complaints about matters leading up to the time a complaint is made to us and we must generally allow a council a chance to respond to any new complaint.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mrs X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman