Summary: We will not investigate this complaint about the Council’s failure to properly consider the relevant byelaws and public safety legislation. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council failed to properly consider the relevant byelaws and public safety legislation in its management of a public space.

Back to top

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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X complained to the Council about a piece of equipment that had been left in a public space. He said the Council failed to take account of public safety and were not following its byelaws. He asked the Council several related questions about the equipment and provided pictures.
6. The Council did not uphold Mr X’s complaint. It told Mr X it did not own the public space and risk assessments had been carried out to ensure public safety. The Council said Mr X’s interpretation of the byelaws was incorrect.
7. Mr X remains unhappy with the situation and wants us to find the Council at fault. The evidence shows the Council has provided Mr X with full and thorough responses to the questions and concerns he has raised. The Council has also provided additional information to support its actions. There is no evidence of fault on the Council’s part and this matter has not caused Mr X a personal injustice. An investigation would therefore be unlikely to result in a finding of fault on the Council’s part.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman