Summary: We will not investigate this complaint that the Council is failing to properly manage or enforce byelaws on Clapham Common. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to have contacted us sooner, and the alleged fault has not caused him a significant personal injustice.

The complaint

1. The complainant, whom I refer to as Mr X, says Clapham Common is being wrecked because of the Council’s mismanagement and its failure to enforce byelaws. For example, users of the Common leave litter, football is played when the pitches are closed, people cycle on the grass and footpaths, a tent encampment persisted for months, and people use the trees as gym equipment.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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 an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council, including their complaint correspondence.
5. I considered our Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council about the same subject matter in February 2020, and it provided a final complaint response in April 2020. He submitted a second complaint in June 2020, to which the Council replied in July 2020. He complained again in February 2021, and the Council issued its final response in mid‑September 2021. Mr X then contacted us.
7. Any parts of Mr X’s complaint about matters arising in 2020 are therefore late. I see no reasons why Mr X was prevented from complaining to us sooner, so I have not exercised discretion to consider these matters now.
8. And whilst I appreciate byelaw breaches might upset or inconvenience Mr X during his regular visits to the Common, even if the time restriction did not apply, I do not consider any personal injustice is so significant as to justify our involvement.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is reasonable to expect him to have complained to us sooner and the alleged fault by the Council has not caused him a significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman