Summary: We will not investigate this complaint about how the Council managed Mr X’s allotment plot. This is because the Council has said it will take appropriate action to prevent reoccurrence of fault. Additionally, the Council has offered to waive Mr X’s allotment plot charges for a year as a remedy for injustice and there is therefore no injustice remaining. Nor are there any wider public interest issues to justify investigating.

The complaint

1. Mr X complained that the Council failed to protect his belongings by wrongly allowing someone else to access his allotment plot without his consent. Mr X complained that:

• he is missing numerous gardening equipment items as a result of the Council’s actions,
• he spent a long time trying to contact the Council regarding the matter and received no response,
• he has suffered stress from the situation.

2. Mr X would like financial compensation for the loss of garden equipment and stress endured.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. The Council sent Mr X a ‘notice of improvement’ letter in summer 2024 following an inspection of his allotment plot. Mr X replied to the letter and the Council acknowledged that Mr X’s personal circumstances prevented him from working on the allotment plot at that time.
7. The Council carried out a reinspection of allotment plots later in 2024 and said due to an administrative error, overlooked Mr X’s circumstances he had earlier notified it about. The Council ended Mr’s X’s allotment tenancy and allocated the plot to a new tenant in winter 2024.
8. Mr X complained to the Council that his tenancy had ended in error, and that various items were missing from his allotment plot. The Council then reinstated Mr X’s allotment tenancy.
9. The Council apologised for mistakenly ending Mr X’s allotment tenancy and offered to waive his rental fee for a year as a remedy. It also apologised for the difficulties Mr X experienced trying to contact the Council about the allotment and said that it would review their communication and administrative processes.
10. I will not investigate this complaint because the Council have apologised for the error. It also offered to waive Mr X’s allotment fees for a year and proposed how it will take steps to prevent the fault recurring.
11. In any case we could not decide the Council was liable for the loss of any of Mr X’s property or tell it to reimburse him. Mr X would have make a claim against the Council’s insurers and if necessary pursue a claim through the courts.

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Final decision

12. We will not investigate Mr X’s complaint because the Council has stated it will take appropriate action to prevent reoccurrence of this fault and offered to waive Mr X’s allotment plot charges for a year as a remedy for injustice. There are no wider public interest issues to justify our investigation.

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Investigator's decision on behalf of the Ombudsman