Summary: We cannot investigate this complaint about pitch fees at a market. The law says we cannot investigate complaints about the Council’s provision or operation of markets.

The complaint

1. Mr X complained the Council had increased pitch fees at the market where he has a pitch. He said he could not afford the current fees because of additional business costs. He wants the Council to allow him to pay a reduced fee for the next twelve months.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about contractual or other commercial transactions relating to the provision and operation of markets.
4. 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)
5. 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))

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. We cannot investigate Mr X’s complaint about the Council’s decision to increase market rents in 2022 and 2023. That is because the pitch fees are a contractual matter related to the Council’s operation of the market. Therefore, the law says we cannot investigate. In addition, this is a late complaint, as the pitch rates increased more than twelve months ago.
9. We will also not investigate Mr X’s complaint the Council would not consider allowing him to pay a lower fee for twelve months. The Council has explained it would be unfair on other market holders. That is a decision it is entitled to make. There is not enough evidence of fault in how it made that decision to justify our involvement.

Back to top

Final decision

10. We cannot investigate Mr X’s complaint because the law says we cannot investigate complaints about the Council’s provision or operation of markets.

Back to top

Investigator's decision on behalf of the Ombudsman