The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s alleged failure to address issues which have affected Mrs X’s ability to access her allotment plot. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mrs X complained that another plot owner at her allotment has placed objects at their plot which are in breach of the allotment guidelines.
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, any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council about pots and plants which obscure her ability to access her allotment plot by car. She also complained that the plot featured a fence which was in breach of the allotment guidelines.
The Council did not uphold the complaint. The Council advised Mrs X it inspected the other plot and there was no evidence the fence was in breach of guidelines or preventing other plot owners from gaining access. The Council confirmed it had written to the plot owner and asked them to change the fence despite this. The Council also advised Mrs X that whilst it was not prohibited to access the allotment by car, it did not advise this as the access was narrow. Mrs X was unhappy with the Council’s response and referred the matter to the Ombudsman.
Mrs X wants us to find the Council at fault. The evidence shows the Council has investigated Mrs X’s concerns and has not found evidence of a breach of its guidelines. Despite this, the Council has taken proportionate action to address the fence and given Mrs X advice regarding how best to access her plot. These were reasonable actions for the Council to take. There is no evidence the Council has acted with fault or that this matter has caused her a significant injustice.
Final decision
We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman