The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council decided to require dogs to be on leads in certain areas of a nature reserve. We have seen no evidence of fault in the way the Council’s decision-making process.
The complaint
Mr X complains the Council is failing to protect people from dangerous dogs by deciding not to introduce a requirement for all dogs to be on leads when visiting a local nature reserve.
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 not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council consulted on whether it should require all dogs to be on leads when in a local nature reserve. Most respondents confirmed they wanted the Council to impose an order requiring all dogs to be on leads when in the nature reserve.
However, the Council says members of the public contacted it saying they were not aware of the consultation. It decided to run a further consultation.
Once the second consultation closed, officers prepared a report on the scheme. The report noted a relatively small number of respondents were in favour of a requirement that all dogs should be on leads when in the reserve.
The report outlined proposals requiring dogs to be on leads in certain areas of the reserve only. The Council considered the report. The webcast of the cabinet meeting shows councillors debated the proposals before voting to agree to officer’s recommendations.
We can look at the Council’s decision-making process, but we can’t say if decision is right or wrong. The Council should take account of law, policy, relevant evidence, and information. If it has followed those steps we cannot find fault.
The Council’s Cabinet considered the officer’s report and discussed the proposals before making its decision. While Mr X may disagree with the decision, this does not make it wrong.
Final decision
We will not investigate Mr X’s complaint. We have not seen any evidence of fault in the way the Council decided to approve the recommendation to require dogs t be kept on leads in certain areas of the nature reserve.
Investigator's decision on behalf of the Ombudsman