Summary: We will not investigate Mrs X’s complaint about how the Council decided to install barriers at the entrance to a country park. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council decided to install barriers to the country park without properly considering equestrians using the park. She says the barriers have increased hazards for equestrians and would like the Council to install a safe walk-through access route.

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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)).
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended).

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How I considered this complaint

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

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My assessment

6. Mrs X complains the new barriers installed by the Council at the entrance to a country park have increased risk for equestrians using the country park.
7. The Council says it undertook a risk assessment before installing the barriers and will do a new risk assessment each year. It says it consulted with the British Horse Society and implemented the suggested measures. It says it installed the barriers as one of several measures to make the country park safer for all users including equestrians. The Council has agreed to carry out another review to address Mrs X’s concerns.
8. If a Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. The Council consulted with the British Horse Society and met with Mrs X. The Council has taken actions required of it to ensure the safety of equestrians using the country park. Therefore, we will not investigate because there is not enough evidence of fault to justify an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman