Summary: We will not investigate Mr X’s complaint about the Council’s failure to maintain one of its green spaces. This is because the courts are better placed to consider his complaint and we could not achieve the outcome he wants.

The complaint

1. Mr X complained he fell into a hole and was injured after the Council failed to carry out maintenance work on a playing field. He also complained about the Council’s complaint system.
2. Mr X wants the Council to ensure the field maintained properly. He would like an apology and compensation for his personal injury.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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 another body better placed to consider this complaint.

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

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How I considered this complaint

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

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My assessment

7. Mr X claims the Council is responsible for injuries he sustained after he fell into a hole on a Council owned playing field. He wants the Council to admit it was negligent and ensure this does not happen to anyone else.
8. Mr X also says that when he complained to the Council, its complaint system did not work properly.
9. In its complaint response, the Council explained to Mr X the hole is now fenced off and there are plans to fill it in.
10. We will not investigate this complaint about injuries Mr X says he sustained due to the Council’s alleged negligence. We cannot make findings on claims of negligence and liability. These are legal matters only insurers or the courts can decide. If Mr X considers the council negligent or liable for his personal injury, it is reasonable for Mr X to make a claim on the Council’s insurance and, if needed, pursue the claim at court. Only a court would have the power to award compensation if it saw fit.
11. We will not investigate the Council’s handling of Mr X’s complaint. This is because it is not a good use of public resources to investigate complaints about complaint procedures, if we cannot deal with the substantive issue.

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Final decision

12. We will not investigate Mr X’s complaint because if he considers the Council negligent or liable for any personal injury, it is reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman