London Borough of Brent (21 002 136)

Category : Other Categories > Leisure and culture

Decision : Closed after initial enquiries

Decision date : 20 Oct 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the management of an allotment used by the complainant. The Council has agreed to meet the complainant on site to discuss his concerns. We could not achieve any different outcome by investigating those concerns.

The complaint

  1. The complainant, who I refer to here as Mr B, has complained about various issues with the management of an allotment on which he works. Mr B has sought to resolve these with the Council but remains unhappy with some aspects including overgrown trees and obstructed paths.

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The Ombudsman’s role and powers

  1. 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’.
  2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
  • it is unlikely we would find fault;
  • any fault has not caused injustice to the person who complained;
  • any injustice is not significant enough to justify our involvement; or
  • it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered information provided by Mr B and the Council. I also discussed Mr B’s concerns with him.
  2. I considered our Assessment Code.

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My assessment

  1. While I appreciate Mr B greatly values the allotment, it is not our role to become involved in what are essentially day-to-day management issues. The Council has agreed to meet with Mr B on site to discuss his concerns and how it may be able to address them.

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Final decision

  1. We will not investigate Mr B’s complaint because it is unlikely this would lead to any different outcome. I consider the Council’s agreement to meet with him provides a possible way forward.

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Investigator's decision on behalf of the Ombudsman

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