Summary: We will not investigate this complaint about the Council’s handling of Mr X’s request that he be allowed to work on a small area of Council land close to his home. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains about the Council’s handling of his request that he be allowed to work on a small area of Council land close to his home for the benefit of wildlife and about its delay in responding to him.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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.

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My assessment

6. In 2021 Mr X contacted the Council to ask whether he could take over and work on a small area of Council land close to his home by way of purchase, rent or other means.
7. He did not receive a reply and in 2023 he contacted the Council again about the matter. The Council replied to him and explained that it would not authorise the sale or adoption of the land and confirmed it would be maintained by the Council in line with its environmental services contract.
8. While this may be a disappointing decision for Mr X, it is not our role to act as a point of appeal against council decisions with which complainants disagree. We cannot question decisions councils make if they have followed the right steps and considered the relevant evidence and information. In coming to its decision, there is no evidence to suggest fault affected it.
9. We will not investigate Mr X’s claims of delay by the Council in responding to his communications when we are not investigating the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman