Summary: We will not investigate this complaint about the Council’s management of an allotment site. This is because there is insufficient evidence of fault, we cannot achieve the outcome the complainant seeks and because some issues happened too long ago.

The complaint

1. Mr X complains about matters concerning the Council’s management of an allotment site going back several years. Mr X says the Council provided inaccurate information to the secretary of state in its application to dispose of the land and about how the Council has managed its requests for Mr X to vacate the site. Mr X wants further conversations to be held with the Council, for a reasonable vacation date to be agreed and for the Council to submit a new application to the secretary of state regarding the disposal of the land.

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The Ombudsman’s role and powers

2. 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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has a recycling facility on a Council allotment plot. In 2023, the Council applied to the secretary of state to dispose of the allotment land which would have allowed Mr X to stay on the plot. The secretary of state refused the Council’s application, so the Council asked Mr X to vacate the plot and move to another site.
7. I will not investigate Mr X’s complaint about the actions of the Council prior to its application to the secretary of state. These matters go back several years and are therefore made late. I see no good reason why Mr X could not have complained about these matters sooner.
8. We have no power to investigate the secretary of state’s decision to refuse the Council’s application. Because we are not able to investigate the decision, we cannot recommend that the Council resubmits its application and therefore cannot achieve the outcome Mr X is seeking in relation to this matter.
9. I will not investigate how the Council has dealt with requests it has made for Mr X to vacate the plot. It has located a new site has carried out work to the site and is satisfied that it is secure and suitable for Mr X to use. It asked Mr X to vacate the site by a specific date but agreed to extend this by a further month. I see no evidence of fault in how the Council has dealt with these matters.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault, we cannot achieve the outcome he seeks and because some elements happened too long ago.

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Investigator's decision on behalf of the Ombudsman