Summary: We will not investigate this complaint about the Council’s placement of play and gym equipment and its response to reports of antisocial behaviour. This is because part of the complaint is late. Of the remaining elements, there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complained the Council installed play and gym equipment behind his house. He said it did not consult neighbouring residents. He said it generates constant noise and affects his privacy which causes him distress. He wants the Council to relocate the equipment.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained about the Council’s placement of play and gym equipment. The Council said the equipment was placed in the park behind his home between 7 and 8 years ago and it would not be an appropriate use of Council funds to relocate the equipment. We expect a person to complain to us within 12 months of being aware of a matter and Mr X did not complain to us until 2025. Therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
8. Mr X complained the equipment allows people to view into his garden and property. In response to Mr X’s concerns the Council completed a site visit and explained to Mr X it did not deem the equipment provides an intrusive view of his home.
9. Mr X complained about antisocial behaviour in the park including noise and gathering in groups. In response to Mr X’s complaints the Council completed a series of patrols in the area at different times. It shared the feedback from the patrols with Mr X which was that there were no concerns of antisocial behaviour witnessed.
10. The Council also said it would raise Mr X’s concerns at an Area Base meeting which police would attend.
11. We will not investigate this complaint. The Council addressed Mr X reports of antisocial behaviour by undertaking patrols and providing feedback. There is not enough evidence of fault in the way the Council responded to Mr X’s concerns to warrant the Ombudsman’s involvement.

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Final decision

12. We will not investigate Mr X’s complaint because part of the complaint is late. Of the remaining element, there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman