The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to lease sports fields to a sports club. Further investigation would not lead to a different outcome.
The complaint
Mr X complained about the Council’s decision to rent out a sports pavilion and pitches to a sports club. He said the pavilion and pitches were situated in a park that is protected by a Trust. He said the Council’s decision to rent out parts of the park on long-term lease goes against the conditions of the Trust.
Mr X said the Council’s decision had had a negative impact the area. He said it had affected parking and caused a noise nuisance. He wants the Council to review its decision on the lease of the park.
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: further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In its response to Mr X, the Council said it had consulted its legal team about whether the lease of the pitches and pavilion went against any obligations set out in the Trust. It said it was satisfied it was keeping to the conditions set out in the Trust.
We will not investigate this further. The Council set out its reasons to Mr X why it was satisfied it had not breached the obligations of the Trust. Further investigation by the Ombudsman would not lead to a different outcome. If Mr X is of the view the Council has misinterpreted the conditions, that would be a matter best decided by the courts.
The Council responded to Mr X’s concerns about parking by arranging alternative parking for the 2025 season. It said it reminded the sports club about using this parking. It also asked the sports club to communicate with residents about when it would be holding matches.
The Council said it was not responsible for parking enforcement on local roads. However, it had contacted the Highways Authority with information about match days. It said he could report any parking infringements directly to it. I am satisfied the Council has taken appropriate steps to address Mr X’s concerns about parking, further investigation by the Ombudsman would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman