Summary: We will not investigate this complaint about actions taken by the Council following its decision to issue licences to allow a limited number of groups to visit a previously inaccessible site behind his home. We do not consider further investigation would add to that already carried out by the Council or lead to a different outcome.

The complaint

1. The complainant, I shall call Mr X, complains the Council ignored feedback given in response to a consultation on a draft management plan of an area of undisturbed, previously inaccessible land behind his home.
2. He also says the Council failed to consult before granting another license as previously promised.
3. Mr X wants the Council to:
• report on how objections were and will be reasonably addressed; and
• explain how/why it judged that potential benefit to licence users outweighs the disturbance to wildlife and detriment to adjoining households.
• reduce the number of licences issued

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The Ombudsman’s role and powers

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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In 2019 the Council granted a licence for a Forestry School to use the site under licence. Following the pandemic, the activities on the land have recommenced.
8. In response to concerns raised by Mr X the Council confirmed:
• the site will be added to the volunteering programme to be managed by the officer responsible for management of volunteers.
• hedging was planted and bird/bat boxes installed earlier this year
• licence holders have been reminded of security issues (the Council notes some property owners have installed unauthorised access to the site from their gardens, so unauthorised access is possible)
• site visits show no detrimental impact to areas away from main path
• it is not possible to attend every site in the city following a storm or high wind event
• licence holders have been spoken to about smoking on the site
• April 2023 was too soon to review the management plan as a full year had not passed
• unauthorised access to the site by humans and dogs is occurring from the rear gardens sharing the boarder. The site is not managed as a designated nature reserve.
9. The Ombudsman has issued decisions on complaints made relating to similar issues on the same site within the last twelve months. These address security issues, biodiversity, inspections, and assessments. We will not reconsider the same issues again.

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Final decision

10. We will not investigate Mr X’s complaint because we could not add to any previous investigation by the Council. Nor do we consider investigation would lead to a different outcome. Finally, Mr X has stated he wants the Council to reduce the number of licenses permitting groups to use the site. This is not something the Ombudsman can achieve.

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Investigator's decision on behalf of the Ombudsman