Summary: We will not investigate this complaint about the Council’s consultation on tree planting and its consideration of Mr X’s complaint. We consider further investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council:
• Failed to complete all stages of the complaint procedure.
• Failed to carry out a proper consultation before deciding to plant trees on a sports field.
• Blocked him from a public Facebook page where the consultation took place denying him the opportunity to take part; and
• Called him a liar by refusing to accept his photographic evidence that a company was fly tipping.
2. To resolve his complaint Mr X wants:
• A final response to his complaint.
• The Council officer removed from the administration function of the Facebook page and his page membership reinstated; and
• All future consultations to be dealt with using normal Council methods.

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The Ombudsman’s role and powers

3. 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 further investigation would not lead to a different outcome.

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

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has now provided a final response to Mr X’s complaint. It has confirmed:
• The officer is no longer the administrator of the Facebook page. Mr X will have to contact the new administrator regarding reinstatement.
• All future consultations on matters concerning tree planting will be reviewed by the Council’s parks manager to ensure it reaches the wider community. This includes addition to the Council’s consultation webpage.
• The Council says it has reminded the charity it partners with for tree planting to remove any litter arising from events in a responsible fashion.

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Final decision

7. We will not investigate Mr X’s complaint because we consider further investigation will not lead to a different outcome

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Investigator's decision on behalf of the Ombudsman