The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council calculates allotment charges. This is because there is insufficient evidence of fault.
The complaint
Mr X complained about the Council’s charges for allotment plots in its area. Mr X said he is charged the same rate for his smaller plot as those with a larger plot.
Mr X says the matter impacted him financially.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint about how the Council calculates charges for allotment plots in its area. The Council’s policy explains it charges a flat rate for allotment plots. This is regardless of the size of the allotment. While I acknowledge Mr X’s frustration that other plot holders may have a larger plot for the same charge, it is for the Council to determine the allotment rates in its area. It chose to set a flat rate for all plots. Therefore, there is insufficient evidence of fault to warrant an investigation by the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation by the Ombudsman.
Investigator's decision on behalf of the Ombudsman