The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to issue Miss X a written warning not to feed wildlife. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Miss X complains about the Council’s decision to issue her a warning not to feed wildlife within a specified exclusion zone. She says the Council has no evidence and she wants the Council to change the warning from wildlife to birds.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In September 2021, the Council issued Miss X a written warning regarding her conduct which it considered amounted to anti-social behaviour. In its written warning, the Council outlined the behaviours it considered to be unreasonable and having a detrimental effect of a persistent or continuing nature on the quality of life of those in the locality.
The Council has clear reasons for why it has issued Miss X a written warning. It is for the Council to use its professional judgment to decide whether it is necessary to issue a written warning. There is no evidence to suggest the Council reached its decision improperly. Therefore, it is entitled to make its decision.
Therefore, I will not investigate this complaint as there is insufficient evidence of fault here to justify an investigation.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman