Summary: We will not investigate Mrs X’s complaint about the Council’s decision to increase the annual beach hut fees for its residents. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complains about the Council’s decision to increase the annual beach hut fees for its residents by 50% without consultation or notice. She says local councillors were not made aware of the increase with sufficient time to challenge it and says local comparatives show they are being overcharged.

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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))
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Mrs X complains about the increase in annual fees for private beach hut owners, as set out in paragraph one, above.
7. The Council explained the reasons for its decision and confirmed the formal decision making process was followed. It was discussed with Cabinet members and it then formed part of the official budget decision making process for 2025/2026. It was debated by members and the decision was made at Cabinet in February 2025.
8. We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. We are not an appeal body. This means we do not take a second look at the decision to decide if it was wrong. Instead, we look at the processes it followed to make its decision. The Council followed the relevant process in making its decision and so we cannot question whether its decision is right or wrong even though Mrs X disagrees with it.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman