Summary: We will not investigate Mrs X’s complaint about the Council’s decision to terminate her allotment tenancy. This is because there is not enough evidence of fault.

The complaint

1. Mrs X complained about the Council’s decision to terminate her allotment tenancy. She said the Council did not properly consider her appeal. She said this has left her feeling unheard and treated unfairly.
2. Mrs X wants the Council to withdraw the termination notice and review its processes.

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The Ombudsman’s role and powers

3. 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

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 put in place an allotment agreement in January 2023 after Mrs X failed a probation period.
7. After a site visit the Council issued a non-compliance notice in April 2024. The Council considered Mrs X’s personal circumstances and health and provided advice to use a co-worker as a temporary solution. After a further site visit the Council issued a tenancy termination letter in August 2024.
8. Mrs X appealed the Council’s decision to terminate her allotment tenancy, and it responded via its complaints process. The Council did not uphold Mrs X’s complaint because she received two non-compliance notices within three consecutive site visits.
9. Although Mrs X disagrees with the Council’s decision we will not investigate. The Council’s decision to terminate Mrs X’s allotment tenancy was made in line with the tenancy agreement in place and after taking Mrs X’s personal circumstances into account. As there is not enough evidence of fault in how the Council made its decision, we cannot question the outcome.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman