Westmorland and Furness Council (25 014 477)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 12 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to complete an Environmental Impact Assessment in a local park. This is because there is not enough evidence of fault.
The complaint
- Mr X complains the Council refused to carry out an Environmental Impact Assessment in a local park after the death of several wild birds.
The Ombudsman’s role and powers
- 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 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council should complete an Environmental Impact Assessment as several wild birds have died after swallowing or getting tangled up in fishing equipment.
- The Council says it will not carry out an Environmental Impact Assessment because this is a planning requirement for new development. It says it will comply with its duty under the Natural Environment and Rural Communities Act.
- The Council says it is working to educate and engage park users and will put patrols in place to enforce the byelaw against fishing. It is looking into recruiting dedicated rangers.
- We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. There is not enough evidence of fault in the Council’s actions to justify an investigation by the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman