Herefordshire landowners who block public paths 'face no court action'

Herefordshire Council was asked under a freedom of information request how many individuals had been prosecuted for obstructing or failing to maintain public rights of way in the county over the last ten years.

The council responded that all such cases reported to it were dealt with by an enforcement officer, and none at all resulted in court proceedings.

“As such, there have been no prosecutions in the last ten calendar years for obstructing or failing to maintain public rights of way,” they confirmed.

The council’s Rights of Way Improvement Plan 2018-28 says it “will follow a proportionate escalation of enforcement wherever possible” in such cases, up to remedial action and recovery of costs and finally prosecution.

But in a review of the plan last year, former member of the Herefordshire Local Access Forum (HLAF) David Howerski said these options “are rarely if ever used” as they “expose the council to a risk of legal challenge”.

“The rule of law is not being enforced by the council against known perennial persistent landowners who are reported every year,” Mr Howerski said. “The enforcement policy is inclined towards landowner bias in the attempt to evade expensive court action.”

Herefordshire Council did not respond when asked if this was the reason for its apparent reluctance to pursue this option.

Meanwhile a recent HLAF meeting heard that footbridge on a public right of way in Kingstone southwest of Hereford was recently repaired “not because it was reported, but because a legal notice was served on the council”, Mr Howerski added.

And he said a “smoke and mirrors” approach by the council and its public realm contractor Balfour Beatty meant it was unclear how many “defects” are currently logged on the county’s public rights of way network – which outside bodies believe could be as high as 3,000.

Herefordshire has around 2,164 miles of public rights of way - further than from the county to Istanbul.