Kingston Upon Hull City Council (25 005 636)
The Ombudsman's final decision:
Summary: Mrs X and her sports team were caused frustration, distress and uncertainty because of the way the Council maintained a sports pitch and responded to her complaint.
The complaint
- Mrs X complained about the Council’s management of a sports pitch and the way it handled her complaint. She complained the problems with the sports pitch have not been resolved.
- Mrs X said this caused stress and took a toll on the sports club, its volunteers, and its reputation. She said the club had to pay for materials for pitch lines, and they have gone to considerable effort to make sure the pitch is in a playable condition.
The Ombudsman’s role and powers
- 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 significant injustice, or that could cause injustice to others in the future 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(1), as amended)
How I considered this complaint
- I considered the information and documents provided by Mrs X and the Council. I spoke to Mrs X about her complaint. I considered the Ombudsman’s published guidance on remedies.
- Mrs X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.
What I found
What should have happened
Sports pitch
- The Council maintains certain sports pitches. Mrs X’s sports club pays an annual fee to use a sports pitch and changing facilities.
- The Council sent an invoice to Mrs X in early 2026. This set out that the club was to pay a certain amount of money for use of the sports pitch and its changing rooms in 2025.
Complaints
- The Council’s complaints procedure says at stage one it aims to fully investigate the complaint and send a full written response.
- At stage two, the procedure says the Council will send its response within 20 working days.
What happened
- In Spring 2025, Mrs X told the Council the pitch had repeatedly not been marked correctly and had holes in it, which was dangerous.
- The Council visited the pitch with Mrs X. After this meeting, the Council told Mrs X it was “dismayed at the poor attempt to carry out the full markings the sport requires.” It also said, “The excuses offered by the grounds team do not fully explain the diabolical service.”
- Mrs X complained.
- The Council said in its first complaint response that an officer had been on site that weekend, despite what Mrs X thought. The Council said it was happy to discuss staff behaviour.
- Mrs X told the Council it had not responded to most of her complaint.
- The Council met with Mrs X again.
- The Council then sent its second complaint response. This set out what had been agreed at the meeting to make sure the pitch was in a usable condition for future matches.
- Mrs X complained to the Ombudsman. A month later, Mrs X told the Council the pitch lines had not been properly re-marked as agreed, and the holes in the pitch had not been properly filled in as agreed.
- The Council accepted there had been problems with the pitch marking which caused Mrs X’s club inconvenience.
Analysis
Sports pitch
- Mrs X’s sports team pay an annual fee at the end of each year for use of the pitch and the changing rooms.
- The Council said it was “dismayed” at the poor line markings. It agreed to fill in holes in the pitch. This shows the pitch needed maintenance that had not happened. It also accepted there had been a “diabolical service”. For these reasons, I find the Council at fault.
- I note that Mrs X and her team had to buy paint and mark proper pitch lines themselves on more than one occasion. The Council reimbursed Mrs X for the cost of the paint.
- Mrs X complained that while visiting teams can use the changing rooms, often there are no changing or showering facilities available for her team on match days.
- The Council said Mrs X’s team can use the changing rooms at a nearby sports facility, but this is not part of the formal agreement. The Council said the use of these other changing rooms is reliant on the goodwill of staff because that facility usually closes before the end of Mrs X’s team’s matches.
- There is inconsistency in whether Mrs X’s players can use changing rooms on match days. This does not appear to be in the spirit of what the invoice sets out (see paragraph eight). Further, the Council does not have a copy of the original agreement with Mrs X about her team’s use of the pitch and facilities. This is not good practice.
- I find the fault caused Mrs X and her team uncertainty and unnecessary frustration, which is injustice.
Complaints
- Mrs X complained the first complaint response did not cover all parts of her complaint.
- The Council’s complaints procedure says at stage one it aims to “fully investigate [the] complaint and send a full written response”.
- I have considered the first complaint response. I agree with Mrs X that it is not a full response to her complaint. I find the response shows no investigation into, or consideration of, her complaint. The response is therefore not in line with Council’s complaints procedure. This is fault.
- I find this fault caused Mrs X frustration and unnecessary, avoidable distress. This is injustice.
- Mrs X complained the stage two response was late.
- The Council’s complaints procedure says it will send a response within 20 working days. I find the Council sent its stage two response a week late. I do not consider this is significant enough to constitute fault.
Action
- Within four weeks of this decision, the Council has agreed to apologise to Mrs X in writing for causing her and her team unnecessary and avoidable frustration, distress and uncertainty.
- We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance when making this apology.
- Within four weeks of this decision, the Council has agreed to make a payment of £200 to Mrs X to remedy the frustration, distress and uncertainty caused by the faults. Having taken all factors into account, I consider a payment of £200 is appropriate and proportionate to the level of injustice caused.
- The Council should provide us with evidence it has complied with the above actions.
Decision
- I find fault causing injustice. The Council has agreed to take actions to remedy injustice.
Investigator's decision on behalf of the Ombudsman