Summary: We will not investigate Mr B’s complaint about the Council’s decision to make a green area close to his home a pollinator area. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. The complainant, who I will refer to as Mr B, complains about the Council’s decision to make a green area close to his home a pollinator area. Mr B says the green area now looks awful and this encourages waste to be left on it. Mr B says this has caused him distress and anxiety. Mr B would like the Council to maintain the green space as it has done previously and use another more suitable area nearby for pollinators.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating.

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

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr B and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Many local authorities have adopted re-wilding schemes to try to tackle the climate crisis. Such schemes often involve letting grass grow long or planting wildflowers.
7. The Council has explained its decision which is part of the Worcestershire Pollinator Strategy.
8. The Council said the green area was not particularly well used and the poor quality soil is good for wildflowers. The Council said similar pollinator areas have proven popular with residents once the wildflowers have become established.
9. The Council has also recently told Mr B its plans to make the area more colourful next summer and has said it will install signs to explain the changes it has made.
10. The Council has explained its decision. The Council was not required to consult residents before making this decision. Mr B disagrees with the Council’s decision, but there is not enough evidence of fault in the Council’s decision-making to justify an investigation.

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Final decision

11. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman