A GOVERNMENT watchdog has criticised Durham City Council for abandoning a pledge to reopen a footpath which it illegally closed.

Local Government Ombudsman Patricia Thomas found the authority guilty of maladministration causing injustice to disabled pensioner Derek Hardman, 61, of Lowland Road, Brandon, who used the path regularly.

The council closed the path, between Lowland Road and Sawmill Lane, in 1999 following complaints about its condition.

However, the ombudsman found that legal procedures had not been followed and a ward councillor simply asked an unnamed officer to close the path.

"None of the required procedures for closing a right of way was complied with," the report says.

Mr Hardman called in the watchdog, which found "serious maladministration".

Council chief executive Colin Shearsmith guaranteed to reopen and improve the path and pay the complainant £400.

But the council later decided to reaffirm the closure following representations from two former council officers living next to the path, one of whom had incorporated a stretch of the closed path into his garden.

They maintained it was in a dangerous state and was a meeting place for vandals - which Mr Hardman disputed.

Mr Shearsmith thought the case for closure was "overwhelming" and that the path was "unhealthily close" to the former officers' homes.

The ombudsman says a report to the environment committee, on which the decision was based, had shortcomings which "led to an ill-informed debate by the committee".

It did not mention Mr Hardman's objection or the guarantee given to Mrs Thomas.

"Perhaps more seriously, throughout this affair there have been worrying signs of bias or potential - bias in favour of Messrs B and C (the two former council officer residents)."

These included the officer who first closed the path failing to "disqualify himself from dealing with the matter despite his close acquaintanceship with Mr B".

There was also criticism of the "secretive" way the closure was carried out and the decision of chief executive Mr Shearsmith to meet the two former officers, but not Mr Hardman on site and his acceptance "unquestioningly" of their version of events while "dismissing" Mr Hardman's information.

The ombudsman said the council should pay Mr Hardman a further £100, plus £20 for every month the path stays shut.

Her report will go to Environment Secretary Margaret Beckett who will decide whether to confirm the closure order.

Mr Hardman said: "I will be delighted if the Secretary of State does not allow the order to go through.

A council spokeswoman said: "The report has only just come in. It is premature to make comment until members have had a chance to see it.