The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s alleged failure to act on the complainant’s reports of young people playing ball games on the green outside her home. We cannot achieve the outcome the complainant is seeking. Further investigation will not lead to a different outcome.
The complaint
Mrs X complains the Council has failed to act on her reports of nuisance and trespass from young people playing ball games on the green near her home. She also complains the Council refuses to replace a ‘no ball games’ sign.
Mrs X want the Council to erect a ‘no ball games’ sign. If this is not possible she wants the Council to plant trees or shrubs on the green to prevent people from playing ball games.
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 there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has confirmed that playing ball games is not a prohibited activity under the public space protection order which covers the area. It says the ‘no ball games’ sign was erected in error and that it is not enforceable. It has apologised for this error.
The Council has also confirmed it has not received any complaints about this matter from anyone else in the last six months. And it has passed Mrs X’s concerns about ‘aggressive ball playing’ to Barnet Homes which manages its housing stock.
Final decision
We will not investigate Mrs X’s complaint because we cannot require the Council to erect a sign or plant shrubs to prevent people from playing ball games on the green. Further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman