The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint about an insecure structure. This is because there is no worthwhile outcome achievable by us investigating.
The complaint
Mr X was unhappy the Council did not take steps to remove part of a fence, that ran alongside an alley, that he said was dangerous and could fall on a person. Mr X said this could cause injury.
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 the complainant and I considered the Ombudsman’s Assessment Code.
I also read the Council’s response to Mr X’s complaint
Final decision
We will not investigate Mr X’s complaint. The Council explained it had visited the site and decided it did not need to take any action, and we could not direct the Council on what action it needed to take in any case. Furthermore, the structure has now been removed by another organisation. Consequently, there is no worthwhile outcome achievable by us investigating.
Investigator's decision on behalf of the Ombudsman