Summary: The Ombudsman will not investigate Mr X’s complaint about a memorial bench placed on a village green close to his home. This is because there is not enough evidence of fault by the Council or personal injustice to Mr X.

The complaint

1. Mr X complains about a memorial bench on a village green close to his home. Mr X says people sitting on the bench can stare into his house. Mr X says the Council did not consult residents about the bench, and he would like it moved to a different location. Mr X is also unhappy with the way the Council has dealt with his complaint.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

4. The Council has responded to complaints from Mr X. It has explained it helped with installing the bench following a request by a councillor. The bench was installed following agreement with the County Council which owns the land. The Council has explained there was no requirement to consult with residents.
5. The role of the Ombudsman is to look for administrative fault. When there is no fault in the way a council has made a decision, we have no powers to question the decision itself. In deciding whether to investigate a case we need to consider various tests. These include the likelihood of finding fault, and the alleged injustice to the person complaining. We do not investigate all the complaints we receive, and only look at those we consider the most serious.
6. It is clear Mr X feels strongly about where the bench is located. But there was no requirement for the Council to consult with residents. It has explained the landowner agrees with the bench being installed. The bench may provide a focal point that was not there before. But, as it is on land open to the public, there was always the potential for people to gather there and look toward Mr X’s property.
7. Based on the information I have seen, I do not think there is enough evidence of fault by the Council to warrant our involvement. I also do not think the alleged injustice to Mr X is significant enough to justify an investigation by the Ombudsman. Also, it is unlikely we could ask the Council to move the bench, and so we cannot achieve the outcome Mr X wants.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint. This is because there is not enough evidence of fault by the Council or personal injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman