Summary: We will not investigate this complaint about the Council’s allocation of market pitches. This is because there is not enough evidence of fault, in how the Council applied its pitch allocation policy, to justify investigating.

The complaint

1. Ms X complained that the Council acted unfairly and inconsistently when allocating market pitches. Ms X said permanent traders were allowed to occupy multiple pitches to the detriment of casual traders. Ms X said this caused her distress and financial loss.

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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 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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained that the Council unfairly prioritised permanent traders by allowing them to occupy multiple pitches thereby disadvantaging her. The Council explained it operates a long-standing allocation policy which permits a limited number of traders to occupy up to three pitches in specific areas, based on operational need and seniority.
6. The Council provided evidence that this policy has not changed and is applied consistently. It explained that the areas where multiple pitches are permitted are not the locations where Ms X regularly requests her pitches. Allocation decisions are made using a seniority-based booking system which officers routinely monitor to ensure compliance.
7. Therefore, based on evidence provided, it is unlikely we would find evidence of fault in how the Council allocated pitches given it was following its policy.

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Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman