The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision-making relating to land it owns. There is no worthwhile outcome achievable by investigating.
The complaint
Miss X complained the Council delayed on making a decision to lease her a parcel of land it owns. Miss X said she had a specific purpose intended for the land, for the use of her family, and the Council’s delays has caused her unnecessary frustration. She wants the Council to decide and for it to lease her the land.
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 no worthwhile outcome achievable by our investigation. (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 I considered the Ombudsman’s Assessment Code.
My assessment
Miss X contacted the Council in mid-2024 about the prospect of it leasing her a parcel of land near her home. In mid-2025, after a formal complaint, the Council apologised it had mis-directed her enquiry, but at that point had not made a decision.
We will not investigate this complaint, because there is no worthwhile outcome achievable. Our role is to identify fault in the Council’s statutory duty or a policy failure. In those circumstances where we see a fault that has caused a significant injustice, we consider whether we can remedy that injustice. I do acknowledge the reasons why Miss X is keen to have access to the land.
The Council is empowered to lease land it owns, but not under a duty to do so. Consequently, we could not direct the Council to lease the land to Miss X expects. And nor should we direct it to make a discretionary decision, within a set time frame, thus diverting resources away from its statutory duties, because it is not proportionate for us to do so.
Final decision
We will not investigate Miss X’s complaint because there is no worthwhile outcome achievable by investigating.
Investigator's decision on behalf of the Ombudsman