Local Government Ombudsman

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Sefton Metropolitan Borough Council (06C15879)

Leisure and culture                     Maladministration causing injustice

7 April 2008

‘Mr C’ had been an allotment holder for over 22 years. He complained about the way the Council treated him over the issue of a tenancy agreement for his allotment. The tenancy agreement issued by the Council looked substantially different to the one it had previously agreed with the Ombudsman to use, which should have included a dispute resolution clause. When Mr C refused to sign it because of the apparent differences, the Council: 

  • failed to respond to the points he made to it; failed to explain the position to him; 
  • failed to have regard to the law on the security given to allotment holders; and 
  • unreasonably locked him out of the site. 

The Ombudsman found maladministration causing injustice to Mr C. To remedy the injustice, the Council should: 

  • apologise to Mr C and pay him compensation for being locked out of his allotment. As it was in the early growing season, this should be £25 for each week he was locked out. In addition, the Council should pay him £250 for the time and trouble it took him to make his complaint to the Ombudsman; and 
  • ensure that the facts in any dispute about allotments are determined by someone independent of the parties and seek advice from the National Secretary of Allotment and Leisure Gardens on allotment law.

Date Updated: 28/10/08