Summary: We will not investigate this complaint about how the Council has dealt with issues at an allotment where the complainant has a plot. This is because we could not add to the investigation by the Council or achieve the outcome the complainant wants.

The complaint

1. Mr X complains about matters relating to an allotment where has a plot. Mr X says there is a gate restricting vehicle to the site that should be removed. He also says that the Council should remove overgrown vegetation blocking the right of way and that piles of leaves on the site attract pests.

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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 could not add to any previous investigation by the organisation. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In responding to Mr X’s complaint, the Council explained to Mr X why access to the allotment was restricted by a gate and that it was unable to cut overgrown vegetation because it was on private land, and it was unable to take enforcement action under its high hedge legislation as the vegetation did not meet the criteria. The Council also considered concerns Mr X raised about issues on the allotment including piles of leaves being left on the ground, damage to a fence and an evasive plant. However, it concluded that there were no grounds for it to take any further action.
6. I will not investigate Mr X’s complaint. This is because the Council has fully considered all of the issues raised by Mr X and provided him with reasons why it won’t or can’t act further. We could not add to the investigation carried out by the Council.

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Final decision

7. We will not investigate Mr X’s complaint because we cannot add to the investigation carried out by the Council or achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman