Summary: We will not investigate this complaint about the process the Council followed before letting a farm close to the complainant’s home. There is insufficient evidence of fault by the Council to justify an investigation.

The complaint

1. The complainant, I shall call Mrs X, says the Council failed to run a transparent and fair lettings process. This has caused the closure of a long-standing livery yard and will allow sheep and cow herds in fields next to her garden and those of other residents.
2. Mrs X wants the Council to re-run the lettings process and engage with residents who live next to the farm.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council is the landlord of a farm. It confirms that the majority of the land is used for mowing and grazing which falls within the definition of agriculture for planning and agricultural legislation. A small portion of the site was sub-let by the former tenant for livery purposes.
7. Following the decision of the former tenant to give up the property, the Council invited expressions of interest. It advertised the letting opportunity in the local newspaper. It confirms it followed the following process:
• Property details were shared with interested parties
• A viewing day was held at the farm
• Interested parties submitted proposals
8. The Council says it assessed the proposals on the following:
• the parties’ background and farming experience
• the proposal for the farm
• the ability to finance or undertake repairs
• available finance for working capital
9. It confirms all those who expressed an interest had an opportunity to seek clarification or feedback.
10. The process followed by the council was for the letting of a property. It was not a procurement exercise and there is no requirement for public consultation or engagement or to share clarification queries with all potential bidders.

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Final decision

11. We will not investigate Mrs X’s complaint because, based on the information I have seen, there is insufficient evidence of fault in the process the Council followed to let the farm. Where there is no administrative fault, the Ombudsman cannot question the merits of the Council’s decision.

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Investigator's decision on behalf of the Ombudsman