Summary: The Ombudsman will not investigate this complaint that the Council will not erect a higher fence around a school playing field. He is unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council will not take action to prevent balls coming over a school fence. Mr B believes the situation creates danger for motorists. He says the Council should erect a higher fence at the school.

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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.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered what Mr B said in his complaint. The Council also provided background information including it’s a copy of its extensive correspondence with Mr B about his concerns.

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What I found

5. Mr B is concerned the fence around a school playing field is not high enough to prevent balls going on to the adjacent highway. He says this will lead to accidents and, possibly, fatalities.
6. The Council has not ignored Mr B’s concerns. It has explained at some length the limits of the action it could take and why it will not erect a higher fence.

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Final decision

7. I have decided we will not investigate this complaint. This is because, while I appreciate Mr B may disagree with its view, we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman