Summary: We will not investigate this complaint about allotment fees because it is made late and an investigation into the Council’s recent actions would not lead to a different outcome.

The complaint

1. Miss X complains that the Council failed to give her a sufficient discount to allotment fees after she was given a plot in 2021. She says she has recently seen information on-line that says she was eligible for a two-year discount but was only given a discount for one year. She says her plot was in a poor state and has taken her four years to get to a workable condition.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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. I will not investigate Miss X’s complaint that she should have been given a longer discount when she took over her allotment plot in 2021. This is because her complaint is made late and I see no good reason why she couldn’t have complained about the condition of the plot or level of discount sooner.
7. The Council has said that information published on-line was inaccurate and not in line with its policy. It has since removed this information from its website. Investigation into this matter would not lead to a different outcome.

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Final decision

8. We will not investigate Miss X’s complaint because it is made late and an investigation into the Council’s recent actions would not lead to a different outcome

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Investigator's decision on behalf of the Ombudsman