Sefton Metropolitan Borough Council (22 014 868)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 06 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint that a public park was closed without warning, meaning the complaint had to climb a fence causing him injury. This is because further investigation would not lead to a different outcome.
The complaint
- The complainant, who I will call Mr X, complains that the gates to a Council park were locked while he was walking through it. He says this meant he had to climb a gate which led to him injuring his knee. Mr says he smelt cannabis while walking through the park. He wants staff to be retrained park closure times to be changed and for staff to be drug tested.
The Ombudsman’s role and powers
- 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:
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about the park being closed without warning. The Council apologised and spoke to the staff responsible. It also acknowledged that signage advising about the closure of the park was inadequate and would be changed.
- I will not investigate Mr X’s complaint because further investigation would not lead to a different outcome. The steps the Council has taken in response to the issues raised by Mr X are appropriate and proportionate. It is for the Council to decide opening times for its parks and therefore we could not tell the Council to change this. Mr X has not provided any evidence that drugs were being used by Council staff and therefore we could also not find fault or make any recommendations around this element of his complaint.
Final decision
- We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman