London Borough of Harrow (23 011 515)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 23 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to carry out repair works in a children’s playground area used by Mr X’s grandchildren. This is because we are unlikely to find evidence of fault by the Council.
The complaint
- Mr X complains the Council has not taken seriously his concerns about the state of the children’s playground area where he takes his grandchildren. He says it is dangerous and wants it fixed.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant, including the Council’s response to his complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about the state of a playground area he takes his grandchildren. It explained it carries out regular inspections and will undertake work when required but that at the current time it had no plans to do any remedial work in the area highlighted by Mr X.
- While Mr X may be dissatisfied with the outcome of the Council’s consideration of his complaint, it is not our role to act as a point of appeal against decisions complainants are unhappy with. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information.
- It is the Council’s role to assess and prioritise work for the play areas it is responsible for and there is no evidence to suggest there has been fault by the Council in its handling of matters.
Final decision
- We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman