Summary: We will not investigate this complaint about the Council’s decision not to compel a plot owner to relinquish their plot to Ms X. This is because we cannot provide the outcome that Ms X seeks.

The complaint

1. Ms X complains the Council will not allow her to take over a plot she believes is being misused by the current plot owner.

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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 we cannot achieve the outcome someone wants.

(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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained because she is unhappy about the condition of a plot she shares with another allotment owner. She asked the Council to allow her to have the whole plot.
6. The Council confirmed it issued a notice to terminate to the other plot owner but overturned the decision at appeal.
7. Ms X wants us to find the Council at fault. The Ombudsman cannot instruct the Council to order the other plot owner to relinquish their plot. The Council has followed its process in deciding to allow the owner to retain the plot. The Ombudsman will not investigate complaints where we cannot provide the outcome the complainant seeks.

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Final decision

8. We will not investigate Ms X’s complaint because we cannot provide the outcome that Ms X seeks.

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Investigator's decision on behalf of the Ombudsman