Summary: We will not investigate this complaint about the Council’s decision to install a noticeboard and CCTV at a local park. This is because there is insufficient injustice to warrant an investigation.

The complaint

1. Mr X complained the Council acted unlawfully when it allowed a tenant to install a noticeboard and CCTV at a local park.

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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:

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

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council has allowed a tenant to breach the terms of their lease by installing a notice board and CCTV at a local park. He said the Council’s actions had led to improper use of the notice board, unnecessary surveillance and reduced his ability to access the park.
6. The Council explained it had approved both installations and did not uphold Mr X’s complaint.
7. Mr X wants us to find the Council at fault. The Ombudsman relies on public money to fund its investigations and so must be mindful of this when considering complaints. The injustice cited is not significant enough to warrant an investigation.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman