Central Bedfordshire Council (21 005 368)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council not replacing a sports facility. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault by the Council and we could not provide the remedy the complainant seeks.
The complaint
- The complainant, who I refer to here as Mr Y, was a member of a sports club which leased a facility from the Council. The facility was on Council-owned land. Mr Y is complaining in his own right and not on behalf of the sports club.
- The Council decided to use the land for another purpose. It ended the sports club’s lease and so the facility ceased to exist.
- Mr Y believes the Council has an obligation to provide an alternative facility. He says there is no equivalent facility near his home.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
- We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
- it is unlikely we would find fault;
- it is unlikely we could add to any previous investigation by the Council; or
- we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr Y which included the Council’s responses to his concerns. I also considered our Assessment Code.
Final decision
- We will not investigate Mr Y’s complaint. The Council has provided a full and proportionate response to Mr Y’s concerns and investigation would add nothing significant to what we know. I have seen no evidence of fault by the Council and we could not provide the remedy Mr Y seeks. The Council, working with the sports club, has been unable to identify a suitable alternative location for a new facility.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman