Summary: We will not investigate this complaint about the Council’s decision to uphold a ban on noxious substances on an allotment. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complains he has been served a notice to quit by the allotment management at a Council owned allotment because of his use of pesticides at the site. He complained this has prevented him from using his allotment and caused him stress.

Back to top

The Ombudsman’s role and powers

2. 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))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X rents an allotment plot from an allotment management company (AMC), who acts on behalf of the Council. The AMC’s agreement with the Council allows it to manage the allotment plots and impose terms and conditions on the tenants.
6. The AMC sent Mr X an email informing him that using pesticides and bonfires could be harmful to badgers in the area, and both were prohibited on site going forward or tenancies would be terminated.
7. Mr X complained to the Council, and provided a report showing there were no badgers in the area. The Council explained the AMC consulted a local badger trust and was entitled to maintain the ban on pesticides and bonfires.
8. Mr X continued to use pesticides and so the AMC served Mr X with a notice to terminate his use of the allotment. Mr X complained to the Council, but the Council did not uphold Mr X’s complaint.
9. Mr X is unhappy with the AMC’s decision and wants us to find the Council at fault. The agreement between the Council and the AMC allows the AMC to enforce reasonable terms and conditions on the Council’s behalf. The AMC notified Mr X of the ban in line with its terms and conditions and explained its decision. Mr X confirmed he continued to use pesticides, and this has resulted in termination of his tenancy at the allotment. There is no evidence of fault in the Council’s actions.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman