Blackburn with Darwen Council (25 017 136)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 25 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to oversee a local group’s activities in a public space. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
- Mr X complained the Council has failed to oversee a local group’s activities in relation to their use of a public space.
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, or
- any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council regarding the processes and activities of a local group in relation to a public space.
- The Council confirmed it could not become involved with the group’s internal activities, but it was reviewing a formal process to be used when the group wanted to use the public space.
- Mr X is unhappy with the Council and wants us to find it at fault. The evidence shows the Council has considered the issue and is taking steps to formalise a process to ensure the local group is using the public space responsibly. There is no evidence of fault in the Council’s actions nor is there evidence Mr X has been put to a personal injustice due to this matter. An investigation would be unlikely to find fault in the Council’s actions.
Final decision
- We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman