Summary: We will not investigate this complaint about the Council’s response to the complainant’s damaged allotment. This is because part of the complaint is late, and our involvement is also unlikely to achieve a worthwhile outcome. It would be reasonable for the complainant to seek to recover the cost of damage to her property through a court of law because it can decide questions of liability which we cannot.

The complaint

1. Ms X rents an allotment space from the Council. She says in 2022 the Council erected a fence which caused damage to her allotment and greenhouse. Ms X says in 2024, the allotment was then damaged by heavy machinery, and some of her plants were destroyed. Ms X believes the Council is responsible for this and wants it to accept responsibility and compensate her for her loss.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council’s response.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We expect a complaint to be made to us within 12 months of the complainant first becoming aware of an issue. Ms X became aware of the first instance of damage to her allotment and greenhouse in 2022. There is no good reason Ms X could not have complained to us sooner, so we would not investigate this now. As the Council has now resolved this issue through its insurers there is also no need.
9. In June 2024, Ms X says she found some of the plants in her allotment had been damaged by heavy machinery. In the same month, the Council issued Ms X a Notice to Improve the condition of her allotment. When she explained she had left her allotment unattended due to the damage she had found, the Council revoked the Notice. Ms X believes the Council is responsible for the damage to her plants. The Council has asked Ms X to evidence this, so it could consider whether to accept any liability.
10. Without supporting evidence, it is unlikely we could add to the Council’s investigation or achieve any worthwhile outcome for Ms X. We could not decide the Council should be liable for damage in any event.
11. It would be reasonable for Ms X to make a claim for damage to her belongings in court, because only a court could decide on liability. It would also be open to her to complain to the police if she considers there was criminal damage.

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Final decision

12. We will not investigate Ms X’s complaint because part of it is late and the Council has already remedied it, and it is unlikely we could achieve a worthwhile outcome for Ms X for the part that is in time. It would be reasonable for Ms X to pursue a claim for damage to her property or belongings in court.

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Investigator's decision on behalf of the Ombudsman