Summary: Mr & Mrs X complain the Council changed the grass cutting regime on the open space in front of their home. The Ombudsman will not investigate this complaint as it is unlikely we will find fault. And we do not consider Mr & Mrs X have suffered a significant personal injustice which warrants our involvement.

The complaint

1. Mr & Mrs X complain the Council included the open space in front of their home in its urban meadows scheme without consultation. They are unhappy with the way the space now looks and say it is untidy, prevents children playing and prevents dog walkers from clearing up after dogs.
2. They want the grass cut according to its previous schedule.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault
• the fault has not caused injustice to the person who complained
• the injustice is not significant enough to justify our involvement
• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants

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

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How I considered this complaint

4. I considered the information provided by Mr & Mrs X and the Council.

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What I found

5. Mr & Mrs X live opposite a wide grassed area of open space with mature trees in the middle. This runs along their road, separating the houses on either side. Previously the Council cut the grass regularly.
6. In 2018 the Council began a programme of reducing regular grass cutting in certain test sites in 2018., creating urban meadows. In a report to the Council in December 2018, officers recommended the scheme be rolled out to other areas. This included the area in front of Mr & Mrs X’s home. Councillors accepted the recommendation and approved the scheme.
7. Mr & Mrs X complain the Council failed to consult residents about the change to the cutting schedule. The Council’s Green Space Strategy adopted in 2014 says it will consult with residents, users and ‘Friends of” groups on all major proposals which have a potential significant impact on existing green spaces.

Assessment

8. The site opposite Mr & Mrs X’s home is an open space used for recreation by residents including children and dog walkers. Mr & Mrs X says because of the long grass children can no longer play and dog walkers cannot clear up after their animals. The Council has confirmed it regularly cuts a strip around the site to facilitate dog walking etc.
9. I understand Mr & Mrs X are unhappy with the change in the way the open space is maintained. However, I do not consider they have suffered any significant personal injustice. They are not prevented from using the space and there has been no major change of use on the site. I am not persuaded they have suffered a significant personal injustice because of the Council’s actions.

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Final decision

10. I will not investigate this complaint. We are unlikely to find fault and we do not consider Mr & Mrs X have suffered a significant personal injustice which warrants an investigation.

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Investigator's decision on behalf of the Ombudsman