Summary: We will not investigate this complaint about the Council’s response to a complaint about structures on an allotment plot. There is no significant injustice.

The complaint

1. Mrs X was unhappy the Council would not take action to remove structures on an allotment plot, which she said were in breach of the allotment rules. She said the presence of the structures causes her anxiety.

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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 any injustice is not significant enough to justify our involvement. (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 and I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mrs X wrote to the Council and then complained, because it refused to act by requesting an allotment plot holder remove structures it had on their plot. Mrs X said these were visible to her and caused her anxiety. The Council replied and gave Mrs X an explanation for why it decided not to act.
5. We will not investigate this complaint, because any injustice caused to Mrs X by the Council’s refusal to act is not significant enough to warrant our involvement in carrying out a full investigation.
6. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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Final decision

7. We will not investigate Mrs X’s complaint because there is no significant injustice.

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Investigator's decision on behalf of the Ombudsman