Summary: The Ombudsman will not investigate this complaint about the Council’s failure to ensure the right colour fencing was used for a local play area. This is because the complainant has not been caused any significant injustice.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council failed to upload planning permission adjustments for a local play area fence in a timely manner. Mr X complains that this failing led to the fence being the incorrect colour and that this has caused him upset and disappointment

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe the injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the complaint from Mr X and his correspondence with the Council. I also considered the initial planning conditions granted. I considered Mr X’s comments on my draft decision.

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What I found

What happened

4. Mr X lives close to a local play area, which was under development.
5. In the planning permission granted by the Council, the fence for the play area was to match the adjacent fence in colour. However, Mr X complains that the amendments to the permission were uploaded late by the Council, and that the wrong colour fencing was used.
6. The Council agreed that it did not upload the amended planning conditions within the timeframe expected. In an attempt to remedy the problem, it contacted the developer of the play area to request it rectify the fence colour, but the developer refused because the cost for this would have to be passed on to local residents.

Assessment

7. The fence in the play area was not painted the colour Mr X had expected and that was reflected in the plans from the Council. While I note he says this has caused him upset and disappointment and is an eyesore to the local area, I do not consider it has caused him personal injustice sufficient to warrant an investigation by the Ombudsman.

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Final decision

8. I will not investigate this complaint. This is because Mr X has not been caused any significant injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman