The Ombudsman's final decision
Summary: We will not investigate this complaint about access to a disabled toilet. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. An investigation would not add anything to the Council’s response.
The complaint
The complainant, Mr X, complained about the actions of a member of staff when he asked to use a disabled toilet. Mr X says he was initially refused access. Mr X is unhappy with how the Council dealt with his complaint, including the time taken to respond. Mr X wants the Council to pay compensation.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
The Council has responded to Mr X and accepted the member of staff was “entirely wrong” to question his request. The Council apologised for any upset. It said it had asked that staff be reminded of their responsibilities. It said Mr X was able to use the toilet and so it would not pay compensation.
I understand Mr X is upset by the issue which led to his complaint. But we will not start an investigation. This is because it would not add anything to the response the Council has already sent. It is unlikely we would recommend any financial payment. Also, we will not look at complaint handling as a stand-alone issue, if we are not going to investigate the issue which led to the original complaint. An investigation is not therefore appropriate.
Final decision
We will not investigate Mr X’s complaint because an investigation would not add anything to the Council’s response.
Investigator's decision on behalf of the Ombudsman