Summary: We will not investigate this complaint about access to a public space because it is a complaint we have already decided not to investigate. Nor will we investigate Mr X’s complaint that the Council restricted his communication with it. The Council’s decision here has not caused Mr X a significant injustice.

The complaint

1. Mr X says the Council blocked access to a public space, and he wants it to review this decision. He is also unhappy the Council decided to restrict how he contacts it. Mr X says the Council’s actions have devalued his home.

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 the complainant and I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Mr X complained the Council was wrong to have blocked access to a public space by erecting fencing and an access gate around it. I will not investigate this complaint because we have already decided not to investigate it and notified Mr X of this decision in 2022. I will not revisit that earlier decision because it relates to the same main issue.
5. Mr X was unhappy the Council said his contact with it about this matter was becoming unreasonable because it had already given him its view. The letter I have seen sets out that Mr X would now need to contact the Council through a single nominated contact, and that it would only reply to new issues he raised with it.
6. I will not investigate the Council’s decision to restrict Mr X’s contact because there is no significant injustice to Mr X. He can still contact the Council for any unrelated matters, and it would be unreasonable for him to expect the Council to continue to reply to matters which have already completed the Council’s complaint procedures and which he has already complained to us about.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because we have already decided part of it and of the other part there is no significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman