Summary: Mr X complained about the Council’s failure to take sufficient action to prevent anti-social behaviour from youths at a nearby park. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. I have considered Mr X’s comments on the draft decision.

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My assessment

6. Mr X says youths have been causing noise nuisance at a nearby leisure centre car park and play park for some time. The Council has involved local police and residents about the problem, but he feels it is insufficient. He asked the Council to place barriers to the car park at night and turn off floodlighting.
7. The Council says the park should be open to all users and that barriers would prevent early users of the facilities from being able to gain access in the mornings. It has also installed CCTV cameras using number plate recognition and turning off the lights would negate this security feature.
8. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process.

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Final decision

We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman