The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s actions in relation to her concerns about the condition of its public park. This is because any personal injustice is not significant enough to warrant an investigation.
The complaint
Miss X complained the Council failed to keep its public park safe and accessible despite previously saying it would take action in response to her concerns. She said this caused her frustration and wants the Council to take effective steps to ensure the park is safe and accessible for members of the public.
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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X said she frequently uses the park with her dog. She said the Council leases the park to a football club. The football club has placed equipment in the park which Miss X said has affected the safety and accessibility of it. Miss X later complained that the park had also been vandalised.
We usually investigate complaints where the complainant has experienced serious harm or distress as a direct result of the Council’s actions. We recognise the injustice caused to Miss X however, we do not consider it to be significant enough to warrant an investigation. Furthermore, if Miss X believes the park has been vandalised, she would need to report the matter to the Police.
Final decision
We will not investigate Miss X’s complaint because any personal injustice is not significant enough to warrant an investigation.
Investigator's decision on behalf of the Ombudsman