The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision to terminate her allotment tenancy. The Council has since revoked the termination notice. An investigation would not lead to a different outcome or achieve anything more.
The complaint
Ms X complained about the Council’s decision to terminate her allotment tenancy. She said the decision was unfair and did not account for her disabilities or the difficulties caused by poor site maintenance.
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 further investigation would not lead to a different outcome.
(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
Since bringing her complaint to us, the Council has revoked the tenancy termination notice, allowing Ms X to maintain her allotment tenancy. It has advised Ms X what she needs to do to prevent further non-compliance notices being issued to her in future.
We will not investigate this complaint. The Council has changed its decision and allowed Ms X to keep her allotment. This is what Ms X wanted. An investigation would not lead to a different outcome or achieve anything more.
Final decision
We will not investigate Ms X’s complaint because an investigation would not lead to a different outcome or achieve anything more.
Investigator's decision on behalf of the Ombudsman