The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s maintenance in a play area. This is because we cannot achieve the outcome that Mrs Y seeks, so there is no worthwhile outcome achievable by our investigation.
The complaint
Mrs Y complained that the Council did not put up signage around an area it was maintaining in a park. Mrs Y’s child was attending a group in the park and Mrs Y said her clothing and hair were damaged by the maintenance work.
Mrs Y says that the Council has not responded to her complaints to it. Mrs Y believes she and her child should receive compensation for the Council’s failing.
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 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: we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs Y.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y’s child visited a play area and she complained her clothing and hair were damaged because the Council had not put up signage to warn that it had carried out maintenance.
Mrs Y would like to be awarded compensation for her child’s damaged clothing and hair. We cannot award compensation. Only the Council’s insurers or a court can decide this.
As we cannot achieve the outcome that Ms Y seeks, and there appears to be no wider public interest issues, there is no worthwhile outcome achievable by our investigation.
Final decision
We will not investigate Mrs Y’s complaint because we cannot achieve the outcome she seeks, so there is no worthwhile outcome achievable by our investigation.
Investigator's decision on behalf of the Ombudsman