The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council responded to the complainants concerns after he was asked to leave private property. The Council is not responsible for the matter he complains about.
The complaint
Mr X complained to the Council after he was asked to leave private property whilst out on a walk. He said he had walked on the access road for that property for several years and had not been asked to leave before. He is unhappy with the Council’s response to his complaint and said it had not answered his questions.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The property Mr X was walking on when he was asked to leave is not owned by the Council. The staff who asked him to leave the property are not employed by the Council. If Mr X is unhappy about how he was treated, he needs to complain to the property owner, not the Council. As the Council is not responsible for the matter complained about, we will not investigate Mr X’s concerns about the Council’s response to his complaint.
Final decision
We will not investigate Mr X’s complaint because the Council is not responsible for the matter he complains about.
Investigator's decision on behalf of the Ombudsman