Blackburn with Darwen Council (26 011 436)

Category : Other Categories > Leisure and culture

Decision : Closed after initial enquiries

Decision date : 27 Jul 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s failure to oversee a community group’s activities in a public space. This is because there is no significant injustice to X and no worthwhile outcome achievable to us, by investigating.

The complaint

  1. X complained the Council did not do enough to safeguard their access to a public space. They said the Council allowed a local community group to run various activities and obtain funding, relating to that public space. X said they were concerned about being excluded from the public space and want the Council to implement a formal agreement.

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The Ombudsman’s role and powers

  1. 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:
  • any injustice is not significant enough to justify our involvement, or
  • there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

  1. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

  1. X complained about the Council’s actions as it relates to their oversight of a local community group, using a public space. In February 2026, we had already decided not to investigate X’s complaint and provided him with our response. Consequently, I will only consider the Council’s updated response to X, which came after our earlier decision.
  2. In that response, the Council confirmed it was still reviewing whether it needed to develop a formal process for the community group’s use of the public space. X said this meant the Council had not carried out earlier actions, it told us it would.
  3. I will not investigate X’s complaint. We will not normally investigate a complaint unless there is good reason to believe that the complainant has suffered significant personal injustice as a direct result of the actions or inactions of the Council. To satisfy this threshold we would need to be satisfied a person has suffered serious loss, or harm, or distress directly because of the Council’s inaction.
  4. Noting X’s complaint, and the impact they described on them, which amounts to a broad concern about being excluded from the public space, and an apprehension of how public funds may be being used, I am not satisfied they have been caused a significant personal injustice because of the fault they allege.
  5. Additionally, there is no worthwhile outcome we can achieve by investigating. We do not investigate all the complaints we receive. We only investigate those where there is clear fault by the Council, and it is of a type or scale there is a significant public interest in exposing and correcting it for the benefit of the person affected and others who may also be affected.

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Final decision

  1. We will not investigate X’s complaint because there is no significant injustice and no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman

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