The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed to consider its duty under the Equality Act in deciding to raise allotment fees. There is insufficient evidence of fault to warrant our involvement and Mr X has the choice as to whether to pay the fee or not. Any fault by the Council cannot therefore be said to cause Mr X a direct injustice.
The complaint
Mr X is an allotment holder and complains about changes to the Council’s fee structure. Mr X complains that residents aged over 60 that live within the borough receive a discount whereas Mr X, as an out of borough allotment holder, aged over 60, does not. Mr X considers the Council has failed to consider its duty under the Equality Act when taking this decision.
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 there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council carried out an extensive consultation exercise; the results of which are summarised in reports on its website. A report entitled ‘Allotment Charges Feedback May 2021’ details objections received about increased charges for out of borough allotment holders and that the proposed increases were unfair to pensioners, for whom some considered a discount should be made available to.
Following the consultation exercise, in response to objections made, the Council decided to amend the fee structure to introduce a 35% reduction for those allotment holders aged over 60 that live in the borough. The discount was not however, offered to those aged over 60, living outside the borough.
The Council is entitled to decide this as it can set what charges it considers to be reasonable, under the Allotment Act 1950. In terms of the Council’s public sector equality duty, its Allotment Strategy document, which overarches the changes to the way it manages its allotments, sets out the Council’s duty in this regard.
As such, I do not consider there is sufficient evidence of fault by the Council in setting its charges or having consideration to its equality duty, to warrant our further involvement.
In addition, the injustice Mr X claims is something which he himself can avoid, as it is ultimately his choice as to whether to pay the fee or not. I do not therefore consider we can say that even if there was evidence of fault by the Council, that this has caused Mr X a direct injustice.
For these reasons, my decision is that we will not investigate.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council or evidence that any fault has caused Mr X a direct injustice.
Investigator's decision on behalf of the Ombudsman