Summary: We will not investigate this complaint about the Council’s response to Ms X’s reports of harassment regarding her allotment. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Ms X complained the Council failed in its duty of care when it did not take action against her allotment neighbours. She said other tenants subjected her to years of bullying and harassment. She said people caused physical damage to her allotment.
2. Ms X said she has mobility issues and her allotment is her primary form of exercise. She said she has been kept away from her plot for several months. She wants the Council implement measures to protect her from harassment.

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The Ombudsman’s role and powers

3. 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))

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How I considered this complaint

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

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My assessment

6. The Council’s tenancy agreement explains how it deals with disagreements between allotment tenants.
7. In its response to Ms X’s complaint that allotment neighbours had used weed killer the Council clarified that this was not a breach of the tenancy agreement. It did however remind all tenants about the safe use of weed sprays.
8. I recognise Ms X said the situation has affected her use of her allotment; however, we will not investigate this complaint. The Council received reports from both Ms X and other allotment tenants and considered them alongside its allotment rules which make part of the tenancy agreement. It reminded tenants of their responsibilities however decided it was not required to take further action. It told Ms X that any criminal matters should be reported to the police. There is not enough evidence of fault to warrant our involvement.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman