Summary: We will not investigate this complaint about whether the Council is following its biodiversity action plan in relation to a parks space. The injustice is not significant enough to warrant investigation.

The complaint

1. Ms X complains the Council is not adhering to its biodiversity action plan, because it has poor oversight of a volunteer group, which allowed for work to be completed in a park space, that she believes is harmful to wildlife. Miss X also complains about the Council’s handling of her complaint.

Back to top

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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Ms X.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We will not investigate Ms X’s complaint because there is not enough evidence Ms X has suffered a significant injustice. 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.
6. Although I recognise biodiversity is important to Ms X, I do not consider there has been significant enough personal injustice to warrant the Ombudsman devoting time and public money to investigation.
7. Additionally, we will not investigate how the Council responded to Ms X’s complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because there has not been significant injustice caused by fault of the Council to warrant investigation.

Back to top

Investigator's decision on behalf of the Ombudsman