Summary: We will not investigate this complaint about the Council’s decision to remove Mr X from an allotment waiting list. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council removed him from its allotment waiting list and he believes this is an act of discrimination.

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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 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

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

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My assessment

5. Mr X complained to the Council that it removed him from its allotment waiting list. He said he felt discriminated against due to this. He also complained that his water did not work for several months, and he was harassed and intimidated due to the Council’s actions.
6. The Council said it could not accept multiple expressions of interest for allotment plots. The Council acknowledged the water at the allotment site had stopped working but there were other water sources available, and it was eventually fixed. The Council found no evidence of harassment.
7. Mr X remains unhappy with the situation and wants us to find it at fault. The evidence shows the Council has explained its policy and its actions regarding Mr X’s allotment waitlist position. These were reasonable actions. The Council investigated Mr X’s other complaint points and could find no evidence of malicious or discriminatory intent. There is no evidence that indicates the Council is at fault. An investigation would therefore be unlikely to find fault with the Council’s actions.

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Final decision

8. We will not investigate Mr X’s complaint 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