London Borough of Hounslow (19 000 086)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 12 Jun 2019
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate this complaint about a private individual’s decision to build on allotments. This is because the complaint does not concern an administrative function of the Council.
The complaint
- The complainant, whom I refer to as Ms X, complains that allotments on a private estate are planning to be sold off to build on.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It provides that he can investigate the administrative actions of a council. (Local Government Act 1974, section 26(1), as amended)
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
- I reviewed the complaint provided by Ms X and sent her a draft of this decision to comment on.
What I found
- Ms X is complaining about the prospect of land belonging to a stately home being developed on.
- The land was previously being leased to the Council by the owners of the stately home. The lease has now expired.
- Following the expiry of the lease, the owners took the decision to build on the land.
- The Ombudsman cannot investigate as this complaint does not fall within the Ombudsman’s jurisdiction. The Council is not responsible for the decision made by the owners of the stately home to develop the land. It would be for the owners to decide what to do with their land.
- The owners’ decision to build on the land would not constitute an administrative function of the Council.
Final decision
- The Ombudsman cannot investigate this complaint. This is because the Council is not responsible for the decision to intend to build on the land and the complaint does not concern an administrative function of the Council.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman