Summary: We will not investigate Mrs C’s complaint about the Council planting a large wildflower meadow in the park next to her home. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs C complains the Council has ruined a successful park and green space next to her home with a badly planned wildflower meadow. Mrs C says the wildflower area is too large with less open grass to use, and the paths are too narrow, which has an impact on how people use the park. Mrs C also says the wildflowers are not even growing, so at the moment residents are just left with large mud pits.

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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 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))

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How I considered this complaint

3. I considered information provided by Mrs C and have viewed the area online. I have also considered information on the Council’s website about this scheme.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has explained that it cannot reduce the size or extent of these wildflower areas because they are part of a legal agreement for biodiversity offsetting for nearby developments. But in any case, the Council said it is satisfied they are a suitable size and scale for the locations chosen and the Council has received a number of positive comments from other residents.
6. The Council has also emphasised that the new scheme is at an early stage and there will be new play areas and works to improve the paths.
7. It is for the Council to decide how best to manage these green spaces and many local authorities are using similar schemes to increase biodiversity and tackle climate change. The Council has explained how the scheme will work and it is clear the scheme is at a relatively early stage.
8. Some residents may like the changes while others like Mrs C may have preferred the park how it was. But, this does not mean we can say the Council is wrong to make these changes.
9. So, there is not enough evidence of fault to justify an investigation.

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Final decision

10. We will not investigate Mrs C’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman