The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to increase allotment fees. This is because there is insufficient evidence of fault.
The complaint
Mr X complains the Council unfairly increased allotment fees without proper consultation or transparency. He says the increased fees have put him under financial pressure. He wants the Council to cancel the increase and instead increase the fees more gradually.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Allotment Act 1950 says councils can charge a reasonable rent for allotments they manage. It places no restrictions on the amount of the charges or the amount by which a council can increase their charges.
Mr X is unhappy about the increase in Council allotment fees which took effect in April 2025.
The Council agreed the allotment fee increase when setting its budget and told allotment holders of the increase in advance. The Council is not required to consult on fee increases or provide specific information about costs. The Council has told Mr X what it took account of when deciding to increase the fee.
I recognise that Mr X is unhappy with the fee increase. However, there is not enough evidence of fault to justify further investigation. The Council can charge a reasonable rent for its allotments. It has acted in accordance with the Allotment Act 1950 and its own allotment terms and conditions.
Final decision
We will not investigate Mr X’s complaint. There is insufficient evidence of fault by the Council to warrant further investigation.
Investigator's decision on behalf of the Ombudsman