Summary: Mr Y complained about the Council’s handling of maintenance issues at a green and clubhouse used by his organisation. He also says it failed to respond properly to his correspondence about this matter including his complaint. We have found fault by the Council on both matters. The Council has agreed to our recommendations to remedy the injustice caused because of the fault.

The complaint

1. The complainant, who I shall refer to as Mr Y, says the Council is at fault in its handling of maintenance issues at a green and clubhouse used by his organisation. He also says it failed to respond properly to his correspondence about this matter including his complaint. Mr Y says his organisation lost members because it remains unable to use the facility.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

• If we are satisfied with an organisation’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

3. As part of my investigation I discussed the case with Mr Y and considered information he provided. I made enquiries of the Council and considered its response. I set out my initial thoughts on the complaint in a draft decision statement and invited Mr Y and the Council to comment.

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What I found

4. Mr Y is the secretary of an organisation that uses a council maintained green and clubhouse as its base for participation in a local sporting league and other activities.

• The green and the clubhouse both needed works to bring them up to a usable standard. Mr Y’s organisation had access to a green used by another organisation but this did not provide sufficient access for games, social events and practice sessions.

5. In October 2020 Mr Y contacted the Council to ensure the green and clubhouse would be available for the start of the 2021 season. He did not receive a reply.

• Mr Y chased the Council for updates and in March 2021 it agreed it would keep him updated.

6. However, this did not happen and Mr Y put in a complaint to the Council in July 2021. He said his organisation could not use the green and clubhouse despite paying fees to do so. Mr Y also highlighted the poor communication he had received from the Council.

• The Council replied in late September 2021. Its response upheld Mr Y’s complaint on all grounds. It recognised its service was below its professional standards and it had not communicated with Mr Y as it should have. It said it would improve communication and provide an action plan. It offered a 50% discount in fees because the green and clubhouse were unavailable.

7. Mr Y escalated his complaint in October 2021 as communication remained poor and he had not received an action plan. He explained membership of his organisation had decreased because of doubt about the completion of works to the green and clubhouse.

• Mr Y received a response from the Council in December 2021 advising him it had closed his complaint following its investigation and continuing dialogue between him and council officers. The response did not provide details of its investigation or its findings.

8. Unhappy Mr Y contacted the Council in January 2022. It promised to investigate and provide details of when outstanding works would be complete.

• Mr Y continued to chase the Council for updates. At a meeting in February 2022, the Council said it had appointed contractors to carry out works to the gullies and ordered covers for the green. The works were due to be complete by the end of March. It also said procurement of a water system for the green was underway.

9. The Council also promised to give Mr Y fortnightly updates.

• Mr Y met with officers in late March as the works identified at the February meeting remained incomplete and the promised updates were not forthcoming. The Council said works to trees and gullies at the site would start in mid-April and it would chase up delivery of the covers. It also said that procurement of the water system had progressed, and it would set up a purchase order imminently.

10. However, the works were still outstanding at the end of April and Mr Y chased an update from the Council.

• By late May some progress had been made but both the clubhouse and green remained unusable.

11. Mr Y approached the Ombudsman for help and we began an investigation. In response to our enquiries the Council said that delays were because of limited staff capacity. It said it had addressed poor staff performance with individual staff members. It also said it had provided an action plan to Mr Y and it had improved communication with him and pointed to officers meeting with him in recent months as evidence of this.

• Mr Y continues to chase the Council for completion of the outstanding works. The following matters remain outstanding:

• The watering system is yet to be installed and the green remains in a poor condition
• The veranda has cracked trim and guttering, needs a replacement patio door lock, the guttering needs cleaning and decoration.
• The main door to the clubhouse needs decorating
• The male toilet needs a new light and a changing room door has a missing key
• The gas meter door is missing

Mr Y also says that a through clean-up of the clubhouse is required once building works are completed.

Findings

12. Mr Y’s organisation has not had use of the green or clubhouse for the substantial part of both the 2021 and 2022 seasons. Mr Y sought clarification on multiple occasions from the Council about when the green and clubhouse would be available for use. He did not receive prompt replies and when he did they gave him deadlines which they failed to me. While I recognise the Council’s explanation for these delays it should not make commitments it cannot keep nor should it fail to provide Mr Y with timely updates. Because of this he has been denied the opportunity to make suitable alternative arrangements for both seasons or to manage the expectations of members of his organisation.

• The green and clubhouse being unavailable has had a detrimental impact on Mr Y’s organisation as it has lost a significant number of members over the past two seasons.

13. The Council acknowledged in its complaint response to Mr Y the green and clubhouse had been unavailable for a substantial part of the 2021 season and offered a 50% discount in fees. Mr Y’s organisation could not use the green and clubhouse again this season. Use of the alternative green did not allow sufficient access for their full programme of activities for either season. Furthermore, works remain outstanding to the clubhouse and key parts of the work to improve the condition of the green remain incomplete.

• The Council’s September 2021 complaint response acknowledged its communication with Mr Y had been inadequate. It promised to provide him with an action plan and regular updates. It did not do so necessitating Mr Y escalating his complaint. Its response to this complaint was to send an email saying the matter had been closed without a full explanation of its findings. This is fault. I note it promised to provided Mr Y with a more detailed response in January 2022 but I have seen no evidence that it has done so. Furthermore the promised fortnightly updates have not happened and Mr Y continues to drive all contact with the Council putting him to avoidable time and trouble. The Council told me it has raised performance issues with the relevant staff however the fact communication problems persist is a concern.

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Agreed action

14. I found fault by the Council causing Mr Y and his organisation an injustice. I recommended the Council offer a 100% discount in fees for both the 2021 and 2022 seasons in recognition that Mr Y’s organisation has had minimal use of the green and clubhouse. It should also pay £100 to Mr Y in recognition of the time and trouble he caused to him in chasing updates and its failure to properly respond to his escalated complaint. It should provide both within six weeks of my final decision. The Council agreed.

• I am aware that works remain outstanding to both the clubhouse and green. I recommended the Council produce an action plan focusing on the outstanding matters. It should set out what is required to complete each work and provide a realistic timescale. It should also provide Mr Y with a named officer who will provide a fortnightly update on the works. It should provide the updated action plan and officer details within in fortnight of my final decision and arrange for the works, including the water system, to be in place within the next five months. The Council agreed.

15. I found fault in how officers communicated with Mr Y. These matters have persisted since the Council identified the same fault as part of its September 2021 response to Mr Y’s complaint. Therefore, I recommended that all the relevant officers attend training to address this matter to prevent poor communication from its officers persisting. It should arrange this within the next three months. The Council agreed.

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Final decision

16. I have ended my investigation of this complaint because the Council agreed to my recommendations.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman