Summary: We will not investigate this complaint about how the Council failed to respond to reports of unkept allotments. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the Council’s response to his reports of unkept allotments. He said it did not clear them or improve their condition.
2. He said the pathways were overgrown and unsafe and he could not access a tap which caused reduced crop production. He wants the remaining plots to be let and the allotments to be kept in good condition.

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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, or
• further investigation would not lead to a different outcome.

(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. We will not investigate this complaint. The Council completed a site visit and cut back the brambles Mr X said caused a problem. It also asked Mr X to clarify which tap he could not access.
7. The Council confirmed it emailed all tenants to remind them of their responsibility to keep their plots in good condition. The Council responded to Mr X’s service requests appropriately. There is not enough evidence of fault to justify the Ombudsman’s involvement.
8. The Council also responded to Mr X’s concern about empty plots. It explained that plots are offered to applicants from its waiting list. Mr X wants the plots to be let which the Council confirmed it is organising. Further investigation would not lead to a different outcome.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman