London Borough of Hillingdon (24 015 419)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 09 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to revoke Mr X’s tenancy of his allotment plot. There is no worthwhile outcome achievable by our investigation.
The complaint
- Mr X said the Council discriminated against him when it sent him a notice to quit (NTQ) his allotment, because he had not paid any rent for several years. Mr X said this decision was wrong and he now wants the Council to allow him to return to his allotment.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X said the Council should not have issued him with an NTQ, because he had an arrangement not to pay his rent. Mr X said this was in place because of a position he had on the allotment committee.
- The Council told Mr X this was not an arrangement that was permitted, and it explained the ruling that allowed for them to recover his allotment. Mr X said this was unfair and he wants the Council to give him his tenancy back.
- This is not something we can tell the Council it must do for Mr X. And in any case, the arrangement, Mr X cites is not something the Council approved; therefore Mr X cannot therefore rely on it as a valid exemption. Because of these factors there is no worthwhile outcome achievable in us carrying out an investigation.
Final decision
- We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our investigation.
Investigator's decision on behalf of the Ombudsman