Summary: We will not investigate this complaint about how the Council has responded to concerns about sporting apparatus being left on a public grass area. This is because the Council has already decided what level of action it considers appropriate. We are unlikely to find fault with its decision-making in this respect. Further, there is insufficient evidence of the complainant being caused a significant enough injustice to warrant our involvement.

The complaint

1. The complainant (Mr Z) complains the Council has failed to take adequate action in respect of goalposts erected by a neighbour on a public grass area which is overlooked by his property. He says he first brought the issue to the Council’s attention two years ago which led to an informal agreement being made that the goalposts would be taken down at the end of each day. Mr Z alleges the agreement is not being adhered to or properly enforced.
2. In summary, Mr Z says his property faces the public grass area and the goalposts are unpleasant to look at which is cause of annoyance. As a desired outcome, he wants Council to ensure the neighbour adheres to the informal agreement and to monitor the issue going forward.

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The Ombudsman’s role and powers

3. 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 there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mr Z’s formal complaint, the Council reminded the owner of the goalposts about removing these at the end of the day. When Mr Z escalated his complaint, the Council was told by the involved neighbour that the goalposts are no longer used. The Council confirmed this information to Mr Z and explained it now considered the matter closed. Still dissatisfied with the action taken by the Council, Mr Z has brought his complaint to the Ombudsman.
6. Though I recognise the Council assisted in bringing about an informal agreement in the past, I would not expect it to spend further time investigating and monitoring the concerns being raised. When the Council first considered the concerns, the evidence suggests it decided these did not warrant formal action, such as utilising anti-social behaviour legal powers. I have considered what Mr Z has said in his more recent complaints, but I do not consider his concerns identify any particular harm, or risk of harm being perpetrated. The evidence suggests no change in the behaviour being reported since the Council last considered the matter. I see no evidence of fault by the Council for keeping its involvement limited and informal.
7. Moreover, the Ombudsman is only required to accept a complaint where the complainant has been caused a significant and personal injustice because of fault by the Council. This means Mr Z would need to show he has suffered serious loss, harm or distress due a failure by the Council to enforce the informal agreement about the goalposts being left out. I recognise what he says about the goalposts being unpleasant to look at, but I do not consider the matter has caused him serious loss, harm or distress to justify us investigating.

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Final decision

8. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council relating to how it has responded to the concerns raised. There is also insufficient evidence of Mr Z being caused a significant enough injustice to warrant out involvement.

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Investigator's decision on behalf of the Ombudsman