The Ombudsman's final decision
Summary: We will not investigate this complaint about the failure to provide information at the entrance/exit to a country park. There is not enough evidence of fault to justify an investigation.
The complaint
The complainant, I shall call Mr E, complains the Council failed to maintain information at the entrance to a country park. He says the Black, Asian and minority Ethnic (BAME) community are not welcome and are prevented from using the park.
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 there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the Mr E and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr E says the Council has failed to provide information at all entrances to the park to show that a cycling club will be using the cycle track every Saturday morning.
He says he and his family have not visited the park since an incident earlier this year. The children are now fearful and scared of ever using the park and evidence shows it is exclusive for one selection of the community.
The Council has confirmed the cycle club has used the park cycling circuit every weekend since 1998. The club is not operated by the Council. However, the Council is satisfied it is staffed by volunteers of different ethnicities who coach children from all backgrounds.
The Council confirms there is a sign at the main entrance of the park advising the club uses the circuit every Saturday morning. The club also puts out signs to warn people when the circuit is in use.
The Council’s website states: “Cycle circuit - can be used free of charge by the public, subject to bookings. For more information on cycling activities and to see when the circuit is available for public use, visit www.hillingdoncyclecircuit.org.uk”
Final decision
We will not investigate Mr E’s complaint because based on the information we have seen no evidence to support Mr E’s claim that the park is exclusively meant for the non-BAME community. And we are unlikely to find fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman