Summary: We will not investigate this complaint about footballs coming into Mr X’s garden from a football facility at the back of his property. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says he is faced with footballs coming into his garden at high speed from the football facilities at the back of his home which cause a safety issue.

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The Ombudsman’s role and powers

2. 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X, including the Council’s response to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council because, despite various measures it had taken to address issues he had previously raised by the operation of the football facilities at the back of his property, balls were still coming over the fence.
6. The Council set out in some detail the steps it had taken to improve the situation in relation to noise, balls landing in residents’ gardens and young people accessing the football centre out of hours. However, it said that it had previously told Mr X that while it had increased the height of the ball-stop netting across the top of the existing fencing to 8m, it could not add any higher netting and that it was not feasible to completely enclose a full-size football pitch.
7. We investigate complaints of fault which have caused a complainant injustice. However, it is not evidence of fault by the Council that it has not completely eradicated the problem or that there remain balls which periodically come over the fencing. The Council has asked Mr X for any other specific suggestions he might have in relation to the problem which, if he has, he can provide to the Council for consideration. However, we will not pursue the complaint because there is no evidence to suggest fault in the Council’s handling of matters.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman