Summary: We will not investigate Mr X’s complaint about the Council damaging his allotment plot. This is because there is another body better placed to consider his complaint and subsequently, we cannot achieve the outcome he wants.

The complaint

1. Mr X complained a Council volunteer trespassed onto his allotment plot and caused damage to his crop and landscaping materials. He also said the Council poorly managed his complaint. It caused him distress. He wants the Council to provide him with a financial remedy and to take disciplinary action against the volunteer.

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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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council investigated Mr X’s complaint. As part of its investigation, the Council reviewed:
• photographic evidence Mr X had provided which showed damage to his crop and landscaping materials;
• records relating to site visits conducted by the Council; and
• its policy in relation to management arrangements for allotments within its area.
6. The Council found there was insufficient evidence which supported Mr X’s claims.
7. We will not investigate Mr X’s complaint because we would not be able to establish whether the Council was liable for the damage caused to Mr X's allotment plot. Such matters are more appropriately determined by the courts. The courts can consider evidence and make a formal decision on liability and compensation.
8. Furthermore, it is not our role to recommend the Council take disciplinary action against an individual member of staff.
9. Subsequently, we cannot achieve the outcome Mr X wants.
10. As we are not investigating the substantive matter Mr X complains of, we will not consider how the Council managed his complaint. This is because we do not generally consider complaint handling as a standalone matter as it is not a good use of public money to do so.

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Final decision

11. We will not investigate Mr X’s complaint because there is another body better placed to consider his complaint and we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman