The Ombudsman's final decision
Summary: We will not investigate this complaint about the decision to lease part of a public park to a private business. This is because the alleged fault does not cause the complainant significant personal injustice.
The complaint
Mr X complained about the Council’s decision to lease part of a public park to a private business. Mr X complained the decision was made in private without the opportunity for public scrutiny. Mr X says the park is a valuable community asset which he and his family use and that they will be detrimentally impacted if the land is leased. Mr X wants the decision to be revisited.
The Ombudsman’s role and powers
We investigate 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 or continue an investigation if we decide any alleged fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
While I recognise Mr X feels strongly about the matter, I do not consider he is caused a significant, tangible injustice from the Council decision he complains about, that is, the decision to lease part of the park to a private business. The future of the land in question is uncertain as the signing of any lease will be subject to planning consents being obtained and a public consultation process in respect of the disposal of the green space. Mr X also says that community members are considering nominating the land to be included in the Council’s register of Assets of Community Value.
We cannot know at this stage if Mr X will be impacted and as such, it would not be a good use of our limited resources to investigate now. The arguments Mr X makes against the potential loss of open space in this particular community can be made to the Council should it formally decide to dispose of the land.
For these reasons, we will not investigate the complaint.
Final decision
We will not investigate Mr X’s complaint because any alleged fault currently does not cause significant personal loss or harm to Mr X.
Investigator's decision on behalf of the Ombudsman