Summary: We will not investigate Mr X’s complaint about the Council’s decision not to reinstate a sign to prevent children from playing ball games in the green space near his home. This is because it would not lead to a different outcome and the injustice is not significant enough to warrant an investigation.

The complaint

1. Mr X complained about the Council’s actions in relation to his concerns about children playing ball games outside his home and causing nuisance. He said the Council had not been clear on whether ball games outside his home were allowed. Mr X said it caused him distress and frustration. He wants the Council to provide accurate information on whether it allows ball games in the area or not.

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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 continue an investigation if we decide:

• further investigation would not lead to a different outcome, 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

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

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My assessment

5. Mr X had previously complained to the Council about children playing ball games on a green space owned by the Council outside his home. He said the children were causing a disturbance.
6. The Council put up a sign on the green space which said no ball games were allowed in the area. The Council also sent a letter to the residents which said children playing ball games on the green space was causing a nuisance to some neighbours. It said it could lead to damage of property and vehicles parked in the area and advised children to play in another nearby area which was more suitable for such activities.
7. Mr X told the Council someone had removed the sign and wanted the Council to reinstate it. The Council said it would look into reinstating the sign. However, later, the Council told Mr X it would not reinstate the sign because children were not prohibited from playing on the green space. The Council said it supported healthy outdoor activities which included play and peaceful enjoyment of its shared spaces.
8. I acknowledge the Council changed its decision to put up a sign again and that it caused Mr X frustration however, we will not investigate this complaint because the Council explained to Mr X its reasons for not putting up another sign. An investigation would not lead to a different outcome. In addition, any injustice caused to Mr X in relation to the Council’s decision is not significant enough to warrant an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because it would not lead to a different outcome and the injustice is not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman