Summary: We will not investigate this complaint about the Councils liability for damage and maintenance of a leisure facility. We cannot decide liability for damage to property and Mrs X would need to make a claim for this to the Council’s insurers. Furthermore, we could not instruct the Council on how to maintain its leisure facilities and there is otherwise no worthwhile outcome we can achieve in investigating.

The complaint

1. Mrs X said the Council were liable for the costs of replacing a damaged hockey stick because of the poor state of the barriers around an ice rink. Mrs X was also concerned about the possibility of further incidents involving damage or personal injury. She now wants the Council to repair the barriers.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Mrs X’s complaint because she will need to make a claim to the Council’s insurers to reimburse the costs of damaged property.

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Investigator's decision on behalf of the Ombudsman