The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to approve an application for a tenant to keep bees on his allotment plot. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr x complained about the Council approving a livestock application for an allotment tenant to keep bees on his plot. He says this could be a safety issue and the Council did not give sufficient consideration to this.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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
Mr X holds an allotment plot on a site owned by the Council. The Council gave notification that one of the plot holders had applied to keep beehives on his plot and Mr X and another plot holder objected. The Council considered the objections and decided to hold a site meeting with a qualified person to assess safety aspects.
The application was finally approved and Mr X complained to the Council about the decision. He said that the experience of the officers was doubtful and questioned the qualification of the BBKA (beekeepers association) representative. He also said the applicant was present on site at the meeting.
The Council said the decision-makers were experienced to make the decision with the qualified advisor present. The applicant being present is not unusual at site meetings and this includes planning application meetings. This would have no bearing on the decision outcome.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. This means we will not intervene in disagreements about the merits of decisions.
There is no evidence to suggest that the proper process was not followed when the Council assessed the application.
Final decision
We will not investigate this complaint about the Council’s decision to approve an application for a tenant to keep bees on his allotment plot. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman