Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for a discount on her allotment rent. We are unlikely to find fault in the Council’s actions.

The complaint

1. The complainant, I shall call Mrs X is an allotment holder and complains about the Council’s discount eligibility criteria. She complains that residents older residents or those receiving state benefits qualify for a discount on their rental charges. However, full-time students who do not receive benefits have to pay the full amount.
2. Mrs X says the Council is discriminating against full time students.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

4. I considered information provided by Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s adopted allotment charges states that:

“citizens who are entitled to low-income benefits or eligible disability benefits , tenants can apply for a rent concession (discount) of 50%. Tenants over the age of 65 can apply for a rent concession (discount) of 25%.”

7. Mrs X decided to become a full-time student. She asked the Council for a discount on her allotment rent. The Council confirmed tenants are not eligible for discounts unless they meet the qualifying criteria. However, it has advised it will consider whether full time students should be eligible for discount at the next concession review.
8. The Council is entitled to decide this as it can set what charges it considers to be reasonable, under the Allotment Act 1950. Mrs X does not meet the criteria for a discount. Therefore, I do not consider there is enough evidence of fault by the Council in requiring her to pay the full rental fee for her allotment.

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Final decision

9. We will not investigate Mrs X’s complaint because we are not an appeal body and we cannot question the merits of a council’s decision where, as here, the Council has used its adopted fee structure to inform its decision.

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Investigator's decision on behalf of the Ombudsman