Summary: We will not investigate this complaint about the Authority’s decision not to remove a bench. This is because there is insufficient evidence of fault by the Authority and because we could not achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Authority will not remove a bench. Ms X wants the Authority to remove the bench due to anti-social behaviour by a man. Ms X wants the man to be referred to support services and for the bench to be removed.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Authority. This includes the complaint correspondence and information about the Authority’s approach to street furniture. I considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

4. Ms X asked the Authority to remove a bench. She said a man treated the bench as his own and demonstrated anti-social behaviour. She said he had threatened her and been aggressive. Ms X said there is other seating available nearby and people do not use this bench due to this man. Ms X said the police and council wardens frequently speak to the man about his conduct.
5. In response the Authority said it would not remove the bench because benches are part of its healthy streets programme and it wanted to keep the bench for the benefit of everyone. It said it had not received any reports from the police or the council and it would only consider removing it if the police or council reported a serous issue which showed there was a clear danger. The Authority suggested Ms X return to the council and ask it to deal with the problem as an anti-social behaviour issue.
6. I will not start an investigation because there is insufficient evidence of fault by the Authority. The Authority considered Ms X’s request and explained why it would not remove the bench. It also signposted her back to the other bodies who can address the anti-social behaviour. We are not an appeal body and cannot intervene simply because the Authority makes a decision that someone disagrees with.
7. I also will not investigate this complaint because we cannot achieve the outcome Ms X wants. We have no power to remove the bench or to tell the Authority to remove it. We also have no power to refer the man to any agency or support service.

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Final decision

8. I will not start an investigation because there is insufficient evidence of fault by the Authority and because we could not achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman