Summary: We will not investigate this complaint about how the Council has maintained a green space. There is not enough significant personal injustice to Mrs X to warrant investigation, and an investigation is unlikely to lead to a different outcome anyway.

The complaint

1. Mrs X complains a green space near her home has become a hub of anti-social behaviour and public health issues. Mrs X says she no longer feels safe visiting it and wants the Council to take greater enforcement action against offensive or unsafe behaviour.

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The Ombudsman’s role and powers

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 any injustice is not significant enough to justify our involvement or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

2. I considered information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures.
5. I recognise this public green space, is important to Mrs X. However, I do not consider there has been significant enough personal injustice to warrant the Ombudsman devoting time and public money to investigation. So, we will not investigate Mrs X’s complaint.
6. In any event, since Mrs X’s complaint, the Council has taken steps through the court system to address the substantive issues she is concerned about. An investigation by the Ombudsman now would be unlikely to lead to a different outcome because there is no extra action we could recommend the Council take.

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Final decision

7. We will not investigate Mrs X’s complaint because there is not enough significant personal injustice to Mrs X to warrant investigation, and an investigation is unlikely to lead to a different outcome anyway.

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Investigator's decision on behalf of the Ombudsman