Summary: We will not investigate Mr X’s complaint about the Council’s delay in publishing a new beach hut specification. This is because there is not enough injustice to warrant an investigation by the Ombudsman.

The complaint

1. Mr X owns a beach hut on a site he rents from the Council. He says he wants to replace it as it is starting to rot but is waiting for the Council to publish the new specification to ensure he is compliant.

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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 any injustice is not significant enough to justify our involvement (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. Mr X complains the Council delayed publishing a new beach hut specification. He says this means he has had to delay replacing his beach hut in case it does not comply with the new specification. The Council said Mr X can replace the hut in line with the current specification.
6. The Council’s beach hut strategy says there will be a new specification from 2024. It agrees it has not completed the specification. It said it has no statutory duty to complete the specification and is prioritising its workloads.
7. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter. I will not investigate this complaint. I consider any injustice caused by delay in producing a new specification is not significant enough to justify an investigation by the Ombudsman.

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Final decision

8. We will not investigate Mr X’s complaint because any injustice is not significant enough to justify an investigation.

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Investigator's decision on behalf of the Ombudsman