Summary: We will not investigate this complaint about the Council’s alleged failure to follow its own policy by holding an annual bonfire. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council has breached its own policies and commitment to reducing pollution by holding an annual event at a local park. He said this event has the potential to negatively affect his health.

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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 or may decide not to continue with 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.

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How I considered this complaint

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

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My assessment

5. Mr X complained to the Council after it held a bonfire event in a local park close to his home. He said the event contributed towards air pollution and contradicted the Council’s own policy of preventing residents from holding personal bonfires. He also said the Council burned toxic materials at the event.
6. The Council explained that it had carried out a risk assessment prior to holding the event and the environmental risk was lower because the event reduced the number of residents holding their own bonfires. The Council confirmed the materials used on site were safe.
7. Mr X wants us to find the Council at fault for continuing to hold the event. The Council has taken precautions to ensure the impact to the environment is minimal and confirmed it has considered the safety of residents in the planning and holding of the event. These are reasonable actions for the Council to take. In addition, Mr X is unlikely to have suffered significant personal injustice due to this event as he can choose not to attend.

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Final decision

8. We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman