Summary: We will not investigate this complaint about the Council’s management of a lease because any injustice to Mr X is not significant enough to justify our involvement.

The complaint

1. Mr X complains the Council has allowed a leaseholder of one of its recreational facilities to employ a person, Mr Y, to run the business who is unfit for the role. This affects Mr X as Mr Y banned him from the facility.
2. Mr X also complains the Council has not enforced a repairing covenant against the leaseholder or ensured the leaseholder is fit and proper. He says this exposes the Council to financial and reputational risk.

Back to top

The Ombudsman’s role and powers

3. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. I would not expect the leaseholder agreement to give the Council control over employees of the leaseholder. And we cannot investigate personnel issues in any event. Therefore I will not investigate the Council’s role, if any, in employing Mr Y.
8. The Council told Mr X it was following up completion of repairs with the leaseholder. Given this and, as Mr X is not directly affected by any failure by the leaseholder to complete repairs, any injustice is not significant enough to justify our involvement.
9. While Mr X is also concerned those operating the facility are not fit and proper to do so, this does not directly cause him any significant injustice. Therefore I will not investigate.
10. It is not a good use of our resources to investigate the Council’s complaint handling when we are not investigating the substantive issues.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman