Summary: We will not investigate Miss X’s late complaint about the Council’s decision to terminate her allotment tenancy. This is because there is no good reason Miss X did not bring it to us sooner.

The complaint

1. Miss X complained the Council:
• acted unfairly when it terminated her allotment tenancy;
• failed to consider her disabilities when making its decision; and
• delayed in responding to her complaint.
2. Miss X said these issues impacted her financially and caused emotional and physical distress. She wanted the Council to:
• reconsider its decision;
• return her items to her;
• provide reasonable adjustments to allow her to maintain the plot; and
• provide financial compensation.

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The Ombudsman’s role and powers

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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X said she contacted the Council in 2023 and 2024 at the time of her eviction to complain.
7. Miss X did not come to us until July 2026, which is outside of the 12-month period for bringing complaints to us.
8. The complaint is late and I have seen no good reason to exercise discretion to investigate it now.

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Final decision

9. We will not investigate Miss X’s complaint about the Council’s decision to terminate her allotment tenancy. The complaint is late and there is no good reason Miss X did not bring it to us sooner.

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Investigator's decision on behalf of the Ombudsman