Summary: We will not investigate this complaint that the Council does not issue fines to people who disregard dog walking restrictions on a beach. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council does not enforce a dog ban, or issue fines, in relation to a dog ban on a beach. She wants the Council to issue fines.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and the enforcement policy. I also considered our Assessment Code.

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My assessment

4. Mrs X uses the beach most days and is regularly bothered by dogs. Dogs are banned from the beach from May to September but Mrs X says the Council does not enforce the ban or issue fines. Mrs X says dog owners will continue to flout the ban because they know they will not be fined. Mrs X says she has not seen an officer patrolling the beach.
5. The Council explained officers do patrol the beach and take a proportionate approach. It said officers speak to people and warn that a fine can be issued. The Council said its approach is one of engagement and cooperation and she could speak to her councillors if she thinks the Council should take a different approach. The Council has arranged a meeting with Mrs X to discuss her concerns.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have seen evidence which shows officers patrol the beach and speak to dog owners who are not following the restrictions. The notes show the officers explain the rules, seek an explanation for having a dog in that area, and ask the person to leave. Depending on the response, the officer may issue a warning about a fine. It is correct that during the last season the Council did not issue any fines, but the Council’s approach reflects the enforcement policy which is to seek compliance through negotiation and education rather than formal action.
7. I appreciate Mrs X disagrees with the Council’s approach and says it should do more to enforce the ban. But, the Council does act and those actions are in line with the policy so there is no reason to start an investigation. We do not have the power to tell a council it must issue fines or that it must change its enforcement approach as these are decisions for the Council to make.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman