Summary: There is no fault in the Council’s maintenance of the green at a bowls club. The green remained playable even though the hot and dry weather meant that its condition was not as Members or the Council would have liked.

The complaint

1. The complainant, whom I refer to as Mr X, is unhappy with the condition of the green at the bowls club where he is a member. He complains the Council have failed to carry out acceptable maintenance, resulting in reduced use of the green by members and the expected level of enjoyment was not possible.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read the papers sent by Mr X and discussed the complaint with him.
5. I considered the Council’s comments about the complaint and any supporting documents it provided.
6. I gave the Council and Mr X the opportunity to comment on my draft decision.

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What I found

7. Mr X is the chairman of a bowls club. The Council is responsible for maintaining the bowls green. The bowls club collects membership fees on behalf of the Council. In 2018 this was £130 per member for a season ticket, which allowed play at several Council maintained sites, including the home club. In return, the Council returns 15% of the fees collected to the bowls club.
8. Mr X complained to the Council about the condition of the green in 2018, which he said had deteriorated to the point where it was used less, the normal level of enjoyment was not possible and some members left to play at other clubs. Mr X sought a 25% rebate of the season ticket fee. Mr X has sent letters he obtained from other clubs that support his view of the state of the green.
9. In its reply, the Council recognised the green did not look its best but that it had provided a playable surface. It stated that it had been a long, hot and dry summer and it also pointed to the fact that the club fulfilled all of its fixtures.
10. The Council stated that season ticket income did not cover maintenance costs and it therefore refused Mr X’s request for a rebate. The Council did offer for its head green keeper to meet Mr X to discuss ways it could adapt maintenance to meet members’ needs. Mr X says he does not recall the Council offering to meet with him.
11. The Council has sent me a copy of regular and infrequent maintenance tasks for the green. The Council has said that no records are kept of maintenance and inspection visits, but that staff made regular visits, often daily.

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Analysis

12. There are no formal maintenance schedules or records of the maintenance of the green carried out by the Council. The Council has sent me a document, which shows its usual maintenance schedule. This includes moving the rinks daily, mowing 2-3 times a week and some other less frequent tasks such as watering and feeding greens.
13. The Summer of 2018 was very dry and understandably, this affected the green. The Council accepts the green did not look at its best but says that the surface was still playable. Mr X says that no league fixtures or practices were cancelled but one competition was cancelled. Mr X thinks some players did stop playing as much as it wasn’t as enjoyable due to the condition of the green. Mr X says that other Council maintained greens were in much better condition.
14. From the information I have, I do not consider there is enough evidence the green was unplayable and so I do not consider that a refund of green fees is appropriate. I accept that players enjoyment of the game may have been reduced but maintenance of the green was still carried out by the Council and they could use that or other greens.
15. While I cannot say that there was fault by the Council, the lack of formal agreement between the bowls club and the Council does mean that there is no clarity in the exact services that will be provided by the Council. Mr X complains about many issues related to green maintenance and security. With no written agreement there is no way for the Club and its members to understand what service they will receive for the money they have paid.

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Final decision

16. I have completed my investigation of this complaint. This complaint is not upheld.

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Investigator's decision on behalf of the Ombudsman