Summary: Mrs X complains about a member of the public damaging her shed. The Ombudsman will not investigate this complaint. This is because the Ombudsman would be unable to achieve the outcome Mrs X wants and there is a better placed body to consider the criminal damage claimed.

The complaint

1. Mrs X complains about a member of the public renting an allotment on Council owned land behind her home. She says that branches were put through her hedge and through the back wall of her shed causing some damage.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

3. The law says 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)

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How I considered this complaint

4. I considered the information provided by Mrs X that included correspondence between Mrs X, the Council and the society managing the allotments. Mrs X had an opportunity to comment on my draft decision.
5. I considered the final response the Council sent to Mrs X.

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What I found

Background

6. Mrs X’s garden backs onto the allotments. The land on which the allotments are situated belongs to the Council.
7. The allotments are managed by a society with an elected Committee in place.

What happened

8. Mrs X cleared her garden and placed branches at the back of her garden and near to the allotment boarder.
9. One of the allotment renters approached Mrs X in her home and confronted her about Mrs X placing the branches near the allotments.
10. Over couple of days the branches kept being moved by the allotment renter and Mrs X, but finally they were put through the hedge and damaged Mrs X shed and two lights.
11. Mrs X had a verbal altercation with another allotment member.
12. Mrs X complained to the society and the Council explaining that the branches were placed on her land and asked for an apology and compensation for criminal damage to her shed.
13. Mrs X is not happy with the reply she received from the society and the Council and has complained to the Ombudsman.

Analysis

14. The dispute over criminal damage to Mrs X’s shed has been reported to the police who are better placed to deal with it. This is a dispute between two members of the public and not between Mrs X and the Council.
15. In this complaint the Council is the landowner and has no administrative role in managing the allotments. The Ombudsman can only consider complaints of fault about actions taken by the Council. As this is a private dispute, it is not for the Ombudsman or the Council to resolve it.

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Final decision

16. The Ombudsman will not investigate this complaint. This is because the Ombudsman would be unable to achieve the outcome Mrs X wants and there is a better placed body to consider the criminal damage claimed.

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Investigator's decision on behalf of the Ombudsman