Summary: We will not investigate this complaint about how the Council responded to requests for access to a public green. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr X and Mrs Y complained the Council had prevented access to a bowling green on public land. They said they spent many months chasing their complaint with the Council and had to travel miles to carry out their hobby and exercise. They wanted the Council to ensure that one bowling green was available for public use.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X and Mrs Y complained the Council had prevented access to a bowling green which was on common land.
6. In its complaint response, the Council confirmed that a bowling club had held a license to maintain the bowling greens for several years. The Council said it was reasonable for the bowling club to use fences to protect the bowling green surfaces because there had been issues with anti-social behaviour in the past.
7. The Council said the bowling club would allow casual, informal use of the bowling green free of charge to residents. The Council advised Mr X and Mrs Y how they could get a code to access the bowling green free of charge.
8. In its complaint response, the Council accepted that fences and structures at the bowling green would have required planning permission. However, the Council confirmed that the time limit for it to take enforcement action about these fences and structures had passed.
9. The Council apologised for delays in responding to Mr X and Mrs Y’s complaint. It offered them £50 in recognition of the delay.
10. We will not investigate this complaint because further investigation would not lead to a different outcome. The Council told Mr X and Mrs Y how they could access the bowling green, and offered them a suitable financial remedy for the delay in responding to their complaint.

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Final decision

11. We will not investigate Mr X and Mrs Y’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman