Summary: We will not investigate Mr X’s complaint about the Council’s decision to allow an event in a public park. This is because it is reasonable to expect Mr X to have used his right of appeal to court.

The complaint

1. Mr X complained the Council allowed an event to take place and failed to carry out an Environmental Impact Assessment.
2. Mr X complained the Council did not consider the impact of the event on wildlife protected by law.
3. Mr X says he has received attacks on social media and the Council have not done anything about this.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained the Council have allowed an event to take place in a public park that is home to protected species of wildlife. He says this went ahead without an Environmental Impact Assessment being carried out.
9. As someone who made representations on a licensing application, Mr X had a right of appeal to the Magistrate’s Court. As Parliament established this right, it is reasonable to expect Mr X to have used this.
10. It would be reasonable to expect Mr X to report any threats to himself or his family to the police, this is not a matter for the Ombudsman.

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Final decision

11. We will not investigate Mr X’s complaint as it is reasonable to expect him to have used his right of appeal.

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Investigator's decision on behalf of the Ombudsman