Overview
The complaint centres on a property and campsite (the Property) situated in a country park (the Park) which is leased from Midlothian Council (the Council) by a young people's organisation (the Organisation). The Property, which lies approximately 800 metres from the Park main entrance, is accessed by a driveway through the Park. The Property is used mostly at weekends and has a small car park adjacent to it. Following a risk assessment conducted on 22 July 2008, the Council informed the Organisation that, due to complaints having been received, they would be enforcing an earlier amendment to the lease. This meant the Organisation would no longer be allowed vehicular use of the driveway. The Organisation's lease was amended again at a later date to allow them vehicular access on Friday evenings when children were being dropped off by parents/carers, but not on Sunday afternoons when they were being collected. The complaint was brought by a spokesperson for the Organisation, referred to as Mrs C. She complained about the Council's handling of the Organisation's complaints, representations and proposed solutions following the restrictions to their vehicular access.
Specific complaint and conclusion
The complaint which has been investigated is that following an amendment to the Organisation's lease in November 2007, the Council's administrative handling of their proposed solutions, representations and subsequent complaints was poor (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) give the Organisation appropriate consideration in any future decisions concerning the Park and balance their particular needs with the needs of other park users;
- (ii) record complaints received about any incidents in the Park involving vehicles and pedestrians; and
- (iii) provide guidance to the Organisation on how they can improve their control of the use of the driveway.
The Council have accepted the recommendations and will act on them accordingly.