The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to end Mr X’s allotment tenancy. This is because Mr X’s complaint is late and there are no good reasons why it could not have been made to us sooner.
The complaint
Mr X complained the Council unfairly ended his allotment tenancy and did not investigate his complaint properly. He stated that being unable to tend his allotment has caused a decline in his physical and mental health. Mr X would like the Council to reconsider their decision to end his allotment tenancy.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council terminated Mr X’s allotment tenancy in summer 2022. The Council had sent Mr X ‘non-cultivation’ warning letters before it decided to end the tenancy.
Mr X appealed the Council’s decision in summer 2022 and he was granted a three-month extension to improve cultivation at the plot. In autumn 2022 the Council sent Mr X a final termination notice following re-inspection of the plot.
Mr X contacted the Council in summer 2023 to further appeal the decision. The Council upheld the decision to end the allotment tenancy.
Mr X complained to the Council in summer 2024 about the decision to end his allotment tenancy. The Council provided two complaint responses and did not uphold his complaint.
We will not investigate Mr X’s complaint because he first raised the issues with the Council in 2023 and did not come to us until June 2025. Therefore, the complaint is late and I have seen no good reasons why Mr X could not have brought his complaint to the Ombudsman sooner.
Final decision
We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons why he could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman