Summary: We will not investigate Miss X’s complaint about the Council’s decision to end her allotment tenancy. This is because there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

The complaint

1. Miss X complained about the Council’s decision to end her allotment tenancy.
2. Miss X says the matter caused her distress.

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The Ombudsman’s role and powers

We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X rented an allotment from the Council. The Council’s policy says payments for allotments are due by 31 December each year. Miss X’s payment was due in December 2023.
6. In February 2024, the Council wrote to Miss X and said it was ending her allotment agreement because she had not paid her fees.
7. In March 2024 Miss X complained to the Council. She explained about extenuating circumstances, including moving house and tenancy issues, and asked the Council to reconsider its decision.
8. The Council responded and explained it ended the agreement in line with its policy. It asked Miss X to remove her items form the allotment.
9. Miss X requested a stage two review of her complaint.
10. The Council responded and told Miss X it sent five letters to her address and three emails which contained reminders for the payment. It explained it was Miss X’s responsibility to update it when she moved home. It told Miss X the termination would continue and asked her to remove her items from the allotment.

Analysis

11. We will not investigate this complaint. The Council ended Miss X’s tenancy in line with its policy. There is insufficient evidence of fault to warrant an investigation by the Ombudsman.

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Final decision

12. We will not investigate Miss X’s complaint because there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman