Summary: We will not investigate this complaint about the Council’s management of Mr X’s allotment application. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council failed to consider his application for an allotment fairly.

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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, or
• any injustice is not significant enough to justify our involvement.

(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. The Council contacted Mr X in 2025 to allocate an allotment at his preferred site. During the process the Council found that another allotment owner who Mr X had had an issue with in the past involving the police, held a plot at the site.
6. The Council offered Mr X a plot at a nearby allotment to avoid conflict. Mr X complained that this was unfair.
7. The Ombudsman will not investigate a complaint where it is unlikely to lead to a finding of fault. The Council has offered Mr X an allotment plot near to his home and has provided good reasons for why it cannot give him a plot in his preferred location. There is insufficient evidence of fault to warrant an investigation.

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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