The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged breach of the Equality Act 2010 and Local Government Act 1999. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Breaches of the Equality Act 2010 are matters for the courts. Failure to obtain best value according to the Local Government Act 1999 is a matter which affects all or most of those within the Council’s area and is therefore outside our jurisdiction.
The complaint
Mr X complains the Council: was too slow to install safety lighting to dangerous promenade edges breach the Equality Act 2010 by blocking off part of the promenade to disabled people while leaving access available to able bodied people breached the Local Government Act 1999 as it failed to provide best value by not installing solar powered lighting
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
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 complains the Council has blocked off part of the promenade (prom), preventing disabled people such as those who use wheelchairs to access the memorial benches and life buoy. However, access to the restricted part of the prom from the beach ramp and over sand dunes remains open. This means abled bodied people can access the prom and the benches and those with mobility issues cannot.
The Council confirmed officers have visited the site. It confirmed there is a significant risk of falls from part of the prom and the barriers were erected to deter access to the area. It also says access to the life buoy is possible and there are also other life buoys located on other parts of the prom. It says these safety measures are temporary and offer protection to all visitors and those with restricted mobility can access nearly the entire prom. The Council is satisfied it has not breached the Equality Act.
We cannot say the Council has breached the Equality Act 2010 as this is a matter for the courts. Mr X may therefore wish to seek legal advice on whether he may challenge the Council’s decision to block off part of the promenade at court.
Our role is to decide if the Council has considered the Equality Act when erecting barriers to part of the promenade and its response to Mr X’s complaint shows it has.
Mr X also says the Council has failed to obtain best value by deciding not to install solar powered lighting to the edge of the prom. The Council says it considered floor lighting and acknowledges this would improve the aesthetic and illuminate the edge of the prom. However, it has decided the best option to prevent falls are railings and will be taking this option forward.
The issue of obtaining best value and how money is spent is a matter which affects all or most of the people living and/or working in a council’s area. Therefore, we cannot consider this matter in line with the details in paragraph three above.
Final decision
We will not investigate Mr X’s complaint for the reasons explained above.
Investigator's decision on behalf of the Ombudsman