Summary: We will not investigate this complaint about the Council not allowing barbeques at allotments. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Miss B complains the Council has decided not to allow barbeques at allotments. Miss B says the Council did not follow a fair or evidence-based process when making this decision, and has not fully explained or justified its decision.

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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 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

3. I considered information provided by Miss B and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has clearly explained its reasons for not allowing barbeques at allotments and says this was not a recent decision. It is for the Council to decide the rules for its allotments and it is not our role to tell the Council it should manage its allotments differently. An investigation into how and when this rule was introduced is not justified.

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Final decision

6. We will not investigate Miss B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman