Summary: We will not investigate this complaint about the Council’s decision to rename a park. This is because the decision affects all or most of the people in the Council’s area and because we do not consider that the complainant has suffered a significant personal injustice.

The complaint

1. The complainant, who I will call Mr X, complains about the Council’s decision to rename a park close to his home. Mr X says the person for whom the park is named after has committed crimes and that the council’s decision has caused him and other residents upset.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate Mr X’s complaint. This is because the law says we cannot investigate complaints about matters that affect all or most of the people in a councils area. I consider the Council’s decision to rename the park is an issue caught our by this clause.
8. Also, having considered Mr X’s complaint, I do not consider that he has suffered a personal injustice significant enough to warrant an investigation.

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Final decision

9. I will not investigate Mr X’s complaint because the Council’s decision affects all or most of the people in the area and because Mr X has not suffered a significant personal injustice.

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Investigator's decision on behalf of the Ombudsman