The Ombudsman's final decision
Summary: We will not investigate Ms C’s complaint about the Council’s failure to remove a flow meter from an open green space close to her home. This is because Ms C has not suffered a serious injustice which would justify an investigation by the Ombudsman.
The complaint
The complainant, who I will refer to as Ms C, complains that the Council has failed to remove an unsightly flow meter - used to monitor use of a footpath - from an open green space close to her home. Ms C says the Council previously told her it would move the flow meter from this location. But, the Council has now told her it may move the flow meter just a few feet away onto the pavement. Ms C says the flow meter should be removed from the area entirely because it is unsightly, inaccurate, and there is no longer a need for it.
The Ombudsman’s role and powers
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 or may decide not to continue with an investigation if we decide: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms C. I have also viewed the area on Google Streetview. These images show the flow meter Ms C complains about.
I considered the Ombudsman’s Assessment Code.
My assessment
Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation.
This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
Ms C considers the flow meter is unsightly and she would like it removed. I understand Ms C’s concerns. But, I find Ms C has not suffered a serious injustice which would justify an investigation of this issue by the Ombudsman. The flow meter is relatively small and not directly outside Ms C’s property. So, an investigation by the Ombudsman is not warranted.
Final decision
We will not investigate Ms C’s complaint because she has not suffered a serious injustice which would justify an investigation by the Ombudsman.
Investigator's decision on behalf of the Ombudsman