Summary: We will not investigate Mrs X’s complaint about the management of a community hall. There is insufficient evidence of fault to justify investigating.

The complaint

1. Mrs X complains the Council did not resolve a dispute between her and the organisation managing a community hall.

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

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My assessment

5. Mrs X regularly rented a community hall. The Council own the community hall and lease it to a charity group who manage the hall and rent it to the community.
6. Mrs X had a dispute with the group managing the hall and her regular booking was terminated.
7. The Council says the community centre is leased to an independent organisation, so it does not have a duty to resolve disputes arising from the centre’s management.
8. When a council leases property to an independent organisation the council does not retain responsibility for day‑to‑day operation. There is insufficient evidence of fault by the Council because they did not have a duty to intervein in the dispute.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman