A COUNCIL has defended not bringing any prosecutions against landowners who fail to keep public footpaths open.

It emerged last month that Herefordshire Council has taken no blocked path court action in the last decade – despite their being “known persistent landowners” responsible, according to veteran campaigner David Howerski.

Now the council has hit back at his suggestion that this was down to a fear of costly legal challenges.

An impassable stile on a right of way on Manson Lane a mile from Monmouth
An impassable stile on a right of way on Manson Lane a mile from Monmouth (Beacon)

A spokesperson said: “Herefordshire Council aims to resolve most cases early on, typically through a formal letter, [which] allows us to address problems efficiently and ensure compliance without needing to escalate to legal proceedings in most cases”.

The lack of prosecutions “reflects our focus on resolving issues through engagement and cooperation”, with court action “only pursued when all other avenues have been exhausted”.

“The council does not avoid taking legal action against persistent offenders due to concerns about costs,” they stressed.

Responsibility for the county’s 2,164 miles of footpaths was recently passed from contractor Balfour Beatty to the council’s own officials.

But Green councillor Toni Fagan, whose Birch ward includes Garway and St Weonard's near Monmouth, told councillors this “has been an absolute disaster”, due in part to loss of council staff, coupled with IT problems.

“It would be great to get a grip on the public rights of way service,” she said.

Council leader Jonathan Lester (Con, Three Crosses) said there had been “a couple of false starts”, which were criticised at a recent parish council summit.

“Officers are working to ensure we answer those criticisms, and that we have a fresh approach to make sure the rights of way [service] is much better as soon as possible,” he said.

Coun Fagan later said she knew of 47 closed paths, of which 31 “need bridges that are way beyond volunteers”.

She said the role of parishes in maintaining footpaths was “absolutely key”, but these still needed funding and training.