Summary: We will not investigate this complaint about the Council’s failure to provide reasonable adjustments for Mr X because the complaint is late. We will not investigate Mr X’s complaint about being evicted from an allotment. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the association who manages the Council’s allotments failed to make reasonable adjustments he required. Mr X also complained the Council has not communicated with him properly and unfairly evicted him from an allotment.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
4. 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

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained about the decision to evict him from an allotment. He said he had been requesting reasonable adjustments for over three years and the Council failed to respond.
8. Mr X also complained the correct process to evict him was not followed and the terms he was required to meet in order to continue using the allotment were unrealistic.
9. The Council said it made several reasonable adjustments for Mr X. The Council said it offered Mr X the opportunity to meet with it prior to issuing eviction notice. The Council also noted Mr X did not object to the terms complained about.
10. Mr X remains unhappy with the Council’s decision. The Ombudsman will not exercise discretion to investigate complaints regarding events that took place more than 12 months ago unless there are good reasons to do so. Mr X said he has been complaining about the Council’s failure to make reasonable adjustments for over 3 years. It would have been reasonable for him to complain about this sooner. There is no good reason to exercise discretion to investigate this part of the complaint.
11. The evidence shows the Council has offered Mr X opportunities to discuss the issues raised and given him the opportunity to avoid eviction. The Council has cited reasons in line with its policy for issuing the eviction. There is no evidence of fault in the Council’s decision making. An investigation would therefore be unlikely to find fault with the Council’s actions.

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Final decision

12. We will not investigate Mr X’s complaint because the complaint is late. We will not investigate Mr X’s complaint about being evicted from an allotment. This is because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman