Summary: We will not investigate this complaint about matters relating to Gunnersbury Park and the Council’s response to complaints Ms X has made in relation to its running and use. This is because an investigation cannot achieve the outcomes she seeks.

The complaint

1. Ms X complains the Council failed to respond to formal complaints within the required timeframe and did not issue formal reference numbers. She says in granting an indefinite event licence and leasing Gunnersbury Park, it has potentially violated statutory obligations regarding the prudent management of public amenities and has allowed the breach of a covenant which specifies the permissible uses of the park. She also says it has failed to take action against numerous complaints related to the park.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• 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, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X seeks a formal inquiry into the legality of the lease and event licence the Council granted to Gunnersbury CIC to run the park. She also wants a determination that a covenant relevant to the park has been breached. However, these are not outcomes we can achieve. If Ms X wants to challenge the legality of the Council’s actions she can do so through the courts where a legally binding determination can be made on these matters.
7. We will not investigate complaint handling issues when we are not investigating the substantive issue.
8. Ms X has also complained the Council has breached data protection laws. It is open to her to pursue this matter with the Information Commissioner’s Office, the body best placed to deal with such matters.

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Final decision

9. We will not investigate Ms X’s complaint because an investigation cannot achieve the outcomes she seeks.

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Investigator's decision on behalf of the Ombudsman