Westminster City Council (19 003 721)
The Ombudsman's final decision:
Summary: Miss X complained the Council failed to maintain and repair adult exercise equipment and steps to the seating area in a local park. She said the facilities were unsafe. I have discontinued my investigation as the Council has replaced the exercise equipment and removed the seating area from use.
The complaint
- Miss X complained the Council had failed to maintain and repair adult exercise equipment in a local park and steps to the seating area. She said the facilities were unsafe to use.
The Ombudsman’s role and powers
- 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 further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I discussed the complaint with Miss X and considered photographic evidence provided by the Council.
- Miss X and the Council both had the opportunity to comment on my draft decision.
What I found
- Miss X said she first complained to the Council in 2017 that the adult exercise equipment in the local park was broken. She said she complained three times, but the Council failed to take action.
- In May 2018 Miss X complained about a broken step on a seating bench. The Council sent her an email saying it had put hazard tape around the step and it had been reported for repair.
- In January 2019, the Council completed a stage two investigation into Miss X’s complaint. It did not uphold Miss X’s complaint. It said the Council’s contracted service for maintaining the park said it had placed hazard tape around the broken equipment but people who visited the park removed it. It said it would replace the hazard tape. The Council said the contracted service had spoken to the company responsible for fixing the exercise equipment, but they had not responded. The Council said it could review its relationship with the exercise equipment company if needed.
- Miss X brought her complaint to the Ombudsman in June 2019 as the steps and exercise equipment remained broken.
- When I discussed the complaint with Miss X, in August 2019, she confirmed the Council had replaced the adult exercise equipment. She said the steps to the seating area remained broken and a risk to park users. The Council provided a photograph of the seating area which it had removed from public use.
My findings
- The Council has replaced the gym equipment and removed the seating area from public use. Given the Council has remedied the fault I have discontinued my investigation as it is unlikely further investigation by the Ombudsman will lead to a different outcome.
Final decision
- Miss X complained the Council did not properly maintain facilities at a local park. I have discontinued my investigation as the Council has replaced the broken exercise equipment.
Investigator's decision on behalf of the Ombudsman