Keeping paths open and usable
Can’t walk where your map says you should be able to walk? This guide will help you solve the problem
What’s the problem?
When you’re out walking you’ll sometimes come across a broken stile or overgrown hedge obstructing a
footpath. Occasionally you might be blocked from walking on a right of way path which should be
accessible. This can be frustrating for walkers and, if nothing is done to remedy the situation, it can mean
that a favourite or historic route becomes lost. Increasingly, local authority budgets are becoming stretched
and they are finding it difficult to maintain rights of way.
The law and path maintenance
On path maintenance In England and Wales
In England and Wales it’s the responsibility of the highways department in your local highway authority to
make sure paths are open and easy for the public walkers to use by maintaining public rights of way and
keeping them free from obstruction. Your local highway authority will usually be your highest tier of local
government so - depending on where you live - either the county council or unitary authority.
Section 56 of the Highways Act (1980) enables any member of the public to require a highway authority to
restore the surface of a right of way or a bridge that forms part of a right of way, if necessary by applying to
the magistrate’s court for an order to require the local authority to do so.
Section 56 can be used on a path which is both:
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Publicly maintainable - this means that it’s the job of the local authority to keep the path properly
repaired. The local authority can tell you if the path is publicly funded.
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‘Out of repair’ - 'Out of repair' refers specifically to problems with the surface of a right of way or a
bridge forming part of it, for example vegetation growing out of the surface (but not overhanging), or
flooding because of inadequate drainage.
For further information on section 56 of the Highways Act (1980) see: http://goo.gl/yATKMF
On obstructions on paths in England and Wales
Highway authorities also have a duty to prevent the obstruction of rights of way and can prosecute the
people responsible for causing the obstruction.
In addition, any member of the public can apply for a magistrates’ court order to force an authority to
remove an obstruction. This provision appears as sections 130A -130D of the Highways Act (1980).
An obstruction counts as:
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A structure such as a fence or a wall (but not a building).
An object obstructing the path, for example, metal sheets or debris blocking the way.
Vegetation overhanging onto the path causing an obstruction. If vegetation on the ground is obstructing
the path then this would be dealt with under the above provision on path maintenance.
For further information on sections 130A -130D of the Highways Act (1980) see: http://goo.gl/yATKMF
What are the Ramblers doing about this issue?
We work directly with local authorities to keep the countryside open to all. Our volunteer path teams cut
back overgrowth, insert new waymarks and signposts, replace stiles with gates and even repair bridges. On
average we solve over 600 path problems each year. Look at our map of successes to see where we’ve
unblocked, saved and even created paths. http://goo.gl/fNeDKF
We also work with individuals to provide advice on highlighting path problems to local authorities and have
even taken legal action in some cases.
What can I do?
Report the problem!
The first step you need to take is to write to your local highways authority to alert them to the problem and
ask them to fix it. It’s usually best to contact the Rights of Way team in your county council or unitary
authority. You can look on your local authority’s website to find out which department to contact – or give
them a call. You can use this website to find out what local authority you live in: https://www.gov.uk/findyour-local-council
What you need to include in the letter
Make sure you:
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clearly state what the problem with the path is and give details of the path’s location.
ask the highway authority if the path is publicly maintainable
include reference to the piece of legislation you think requires the highway authority to fix the problem
include the reasons why the path is important to the local community and why it needs to be repaired
Top tip:
Make sure you include why the path is important to you and the local community - perhaps it leads to an
important public building such as a school. Perhaps the path provides a scenic local walk which enables
residents to keep healthy by doing exercise. Perhaps it allows local residents to “get away from it all” for a
relaxing country stroll.
Although the local authority does have a duty to maintain the paths and keep them clear of obstacles,
budget cuts and other pressures mean that they often have a big backlog of work to do. Some local
authorities have even started to prioritise paths –essentially leaving the smaller and less popular paths
without maintenance. As a result, it’s really important that you make sure the local authority knows why
your path needs to be repaired.
What else can I do?
If you have written to your local authority and they haven’t fixed the problem within a reasonable amount of
time or have failed to respond to you – you needn’t give up. There’s plenty you can do to get the path
problem solved! You might want to consider one or all of the following options.
1. Fix the problem yourself!
Ramblers’ path maintenance teams have help to fix hundreds of paths each year. Why not join them or
contact your local Rambler’s group to see if they can help out?
2. Contact your local councillors
If you don’t hear back from your local authority and they haven’t fixed the problem that you have alerted
them to, it might be time to contact your local councillor and ask them for their help. After all, they have
been elected to represent you and your concerns. You can write to your local councillors at
www.writetothem.com
3. Find allies
Contact your local Ramblers groups to ask for help. You could also try contacting local residents’ groups
such as the parish council, churches and social clubs and local businesses that might be affected by or
care about the problem with the path.
4. Start a petition
Once you’ve found some allies, you might want to start a petition to get the path fixed and encourage as
many people as you can to sign it. There are usually rules in place in your local authority which state how
many signatures you need to, for example, get the council to have a debate on the issue at full council.
Check out your local authority’s website or give them a call to find out how many signatures you will need
for the council to take action. Some local authorities host petitions on their websites, or you could set one
on our website – just contact [email protected] for more information.
5. Contact your MP
Your MP doesn’t have any direct power in issues of path maintenance, but if you are struggling to make
any progress with the local authority then you might want to contact your MP for support and to ask them to
write to your local authority on your behalf.
6. Contact the local newspapers
Why not write to the letters sections of your local newspapers to get a debate going about the issue? Or
you could approach local journalists and tell them about your problem. You’ll have a better chance of
getting local press coverage if you have a “hook” such as the fact that you have collected a lot of signatures
or that you have the support of your local MP
7. Enforce the law
If your local authority doesn’t respond to your initial contact you can consider pressing the case yourself or
contacting the Ramblers for legal support. However, this course of action can be complicated, does not
guarantee success and can carry some expense – as such it is generally best left as a last resort.
8. Keep going!
You might discover that your path problem is part of a wider issue of lack of funds for local path
maintenance in which case you might want to consider starting a local campaign on the wider issue. Please
see our local campaigning guide or get in touch at [email protected] for inspiration!