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Says Naomi Smith

Says Naomi SmithIt is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more

Wotton Common, Surrey

COMPLAINT REFERENCE: CO15837

Bob Milton calls for Surrey County Council to hold an independent investigation following an official complaint from the British Horse Society regarding the construction of a mountain bike event course

- I am also concerned that you have not confirmed that the event course as constructed will remain shut and closed to public use and that no further works will be allowed on the common unless with lawful consent.

- Failure to keep the course shut would in my opinion constitute vicarious malfeasance and that any accident caused by its use will constitute negligence on behalf of the Council.

David Evans, Customer Relations Officer,
Customer Relations Team, Surrey County Council wrote to Bob Milton

Says David Evans

Says David EvansThank you for your email with attachment making an official complaint from the British Horse Society regarding the construction of a mountain bike event course on Wotton Common. Having reviewed the letter we would propose that the best way forward would be to progress your complaint directly to stage 2 of the council's complaints procedure.

At stage 2 your complaint would be investigated by an investigator from a different service to that which is the subject of your complaint. The purpose of the investigation is to establish if there has been any maladministration (failure) on the part of the County Council in carrying out its duties and powers in accordance with government legislation and guidance and its own policies and procedures. If failure is identified the investigator would consider if this failure had resulted in any injustice to the complainant and if so would seek to identify an appropriate remedy. The investigator can also make recommendations for service improvements. The investigator cannot act as a point of appeal if the decision by the service has been properly taken.

We will be in touch within 10 working days to confirm who will be investigating your complaint. If you would like to find out more about our complaints procedure you can download 'Comments, compliments and complaints' from our website.

You may of course refer your complaint to the Local Government Ombudsman at any time. However, they will normally expect you to have completed all stages of the councils’ complaints procedure before considering your complaint. Further advice is available on their website www.lgo.org.uk or on their advice line 0300 061 0614.

Bob Milton replied to ,
David Evans Customer Relations Officer, Customer Relations Team, Surrey County Council

- I am concerned that in your email that you have failed to confirm that an independent investigator will be appointed as set out in your procedures protocol.

- It is my belief that any SCC employee can not be seen as being independent. Perhaps you should look to the planning inspectorate for someone with knowledge of common land law to deal with the complaint.

Says Bob Milton

Says Bob MiltonThank you for your prompt response and to agreeing with me that you should go to a stage 2 procedure.

I am concerned that in your email that you have failed to confirm that an independent investigator will be appointed as set out in your procedures protocol. It is my belief that any SCC employee can not be seen as being independent. Perhaps you should look to the planning inspectorate for someone with knowledge of common land law to deal with the complaint.

I am also concerned that you have not confirmed that the event course as constructed will remain shut and closed to public use and that no further works will be allowed on the common unless with lawful consent. Failure to keep the course shut would in my opinion constitute vicarious malfeasance and that any accident caused by its use will constitute negligence on behalf of the Council.

I have spoken to the Local Authority Ombudsman office and am now of the opinion that this falls outside of the remit of that organisation for me and the BHS in this case though it might be that local individuals who have been directly affected by the decision to construct the unlawful course would be accepted as valid complainants.

I hope that any further decisions made in this respect are done in a timely manner as that is required by any court proceedings that may be undertaken.

Says Linda Wright

Says Linda WrightWe moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more

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