The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with issues at an allotment where Ms X has a plot. This is because we could not add to the investigation carried out by the Council.
The complaint
Ms X complains about how the Council has dealt with her concerns about another plot holder at an allotment where she has a plot. Ms X says the Council has failed to take appropriate action which is preventing her from enjoying her plot.
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 we could not add to any previous investigation by the organisation. (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
The Council visited the allotment, spoke to both Ms X and the other plot holder, took measurements and considered photographic and video evidence. It concluded that there was insufficient evidence to support Ms X’s complaint about the other plot holder but did show both parties their plot boundaries and what is expected of them as plot holders. The Council apologised to Ms X for the delay in concluding its investigation.
I will not investigate Ms X’s complaint. This is because the Council has fully considered all of the issues, she raised taken proportionate action to try and resolve the issue and provided her with reasons why it won’t act further. We could not add to the investigation carried out by the Council.
Final decision
We will not investigate Ms X’s complaint because we could not add to the investigation carried out by the Council.
Investigator's decision on behalf of the Ombudsman