Summary: We will not investigate this complaint about the Council’s failure to close a playground next to her home or, alternatively, erect a boundary between her house and the playground. There is insufficient evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. The complainant, I shall call Mrs X, complains the Council has not acknowledged the fact that there are no boundaries between her house wall and a playground. She says she suffered from anti-social behaviour (ASB) from a group of youths who damage her wall every day and behave in a threatening way towards her and her disabled children.
2. Mrs X wants the playground closed or a boundary erected between it and her home.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X purchased her home in 2022. The side wall of her home adjoins a playground which has existed in its current form since at least 2014/15. Mrs X says young people using the playground kick a ball against the side of her house and this has caused damage.
7. In response to Mrs X’s reports of ASB, the Council asked her to complete diary sheets to record each incident of ASB. It says this may help its Officers establish a pattern of ASB and identify individuals involved. This would also enable it to organise targeted patrols to disperse youths and explain the effect of their behaviour. The Council has also agreed to erect a ‘No Ball Games’ sign on Mrs X’s wall.
8. Mrs X wants the playground closed or a barrier erected between it and her home. The Council has confirmed that closing the playground is not an option as this does not accord with its policy of continuous improvement and investment on existing play facilities. It has also explained:
• A fence is not suitable as this would lead to the loss of play equipment as it would impede on the free space and safety zones within the playground.
• An existing hedge was removed in 2014/15 for practical reasons. To reintroduce one would restore issues with growth height, risks of damage from roots and maintenance issues.
• Mrs X should report any criminal activity to the police using 999 if the person(s) is/are still in the area or 101 if they have gone.
• Mrs X can also report ASB to the Council team and it has provided her with a contact number.

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Final decision

9. We will not investigate Mrs X’s complaint because there is no evidence the Council has ignored her concerns or the fact there is no barrier between the playground and her home. It has specifically explained why it will not close the playground or erect a fence or hedge. The Council has asked Mrs X to continue to report each incident of ASB to establish a pattern of behaviour so it can act accordingly.

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Investigator's decision on behalf of the Ombudsman