Summary: We will not investigate this complaint about the Council’s response to an overgrown allotment. The Council investigated Mrs X’s reports and gave her an explanation about what it did. Given these actions, it is unlikely we would find fault and in any case there is no significant injustice.

The complaint

1. Mrs X was unhappy because of overgrown trees and vegetation coming from a neighbouring allotment. Mrs X said because it was an allotment, there were tenancy conditions that allotment owners had to abide by, and the Council should enforce those conditions. Mrs X said she suffered inconvenience because of this issue.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X reported concerns about a neighbouring allotment owner, that had allowed their vegetation to become overgrown. Mrs X described how this issue personally affected her.
6. The Council visited and inspected the area and decided the growth was acceptable. It gave Mrs X advice on how to maintain her own boundary. It also said it would write to the owner to remind them of their responsibilities as an allotment owner, in the maintenance of their own boundaries. Finally, the Council explained its position about how it managed this set of allotments.
7. Noting the Council’s substantive actions, it is unlikely we would find fault in its decision on the actions it took.
8. Additionally, we will not normally investigate a complaint unless there is good reason to believe that the complainant has suffered significant personal injustice as a direct result of the Council’s inactions.
9. To satisfy this threshold we would need to be satisfied a person has suffered serious loss, or harm, or distress directly because of the Council’s actions. Noting that this is an important issue to Mrs X, I am not satisfied her personal injustice is a significant enough injustice that would merit an Ombudsman investigation.
10. Therefore, because of the reasons I have set out in paragraphs seven and nine, I will not investigate.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because it is unlikely we would find fault and there is no significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman