Summary: We will not investigate this complaint about the Council’s decision to evict Mr X from his allotment plot. This is because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time.

The complaint

1. Mr X complains the Council unfairly evicted him from his allotment plot and that his eviction was based on unsubstantiated allegations of rule breaches, that the investigation into the case lacked impartiality and that its handling of his complaint was flawed.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. The Council first served him with a Notice to Quit the allotment in November 2021. As we would reasonably have expected him to have made a complaint to us sooner, the complaint is a late complaint and so falls outside our powers to investigate due to the passage of time.
7. That Mr X says he was only directed to our office following consideration of a formal complaint he made to the Council in October 2024 does not change our position.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time.

Back to top

Investigator's decision on behalf of the Ombudsman