The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council dealt with issues about an allotment. The complaint is late and there are no good reasons to exercise discretion and investigate.
The complaint
The complainant, I shall call Mr J, is the Chairman of a local allotment group. He is represented by his solicitor, Ms K.
Ms K complains the Council has made decisions about the tenancy on an allotment plot. She says it has made allegations of fraudulent activity without providing any evidence.
Ms K also complains the Council is treating Mr J and the group differently to other allotment tenants.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by the Ms K, which includes the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
The issues at the heart of this complaint occurred in January 2020. The Council issued its final response to the complaint in May 2020. So, Mr J has been aware of the issues for more than twelve months before complaining to us. Therefore, the complaint is late.
I have considered the reasons given by Ms K for the late submission of the complaint. However, I do not consider these sufficient to exercise discretion and investigate.
Final decision
I will not investigate this complaint. It is made too late, and I have seen no good reasons to exercise discretion.
Investigator's decision on behalf of the Ombudsman