The Ombudsman's final decision
Summary: We will not investigate this complaint about an organisation’s compliance with the Public Sector Equality Duty.
The matter complained about is not an administrative function of the Council and is therefore not within the Ombudsman’s jurisdiction.
The complaint
Mrs G complained the Council failed to address her complaint about a charity within its area failing to comply with its Public Sector Equality Duty (PSED). She says she was caused offence and worries about being discriminated against. She wants the Council to enforce changes by the charity.
The Ombudsman’s role and powers
We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs G complained to the organisation whose actions this complaint relates to. She says she did not receive a response, and therefore escalated her complaint to the Council.
The Council responded saying the organisation in question was a registered charity and limited group, and not within its remit.
It explained, however, the organisation’s actions were in line with its position and the PSED.
The charity in question is not commissioned by the Council to provide administrative functions on its behalf. The actions of the charity are not therefore something the Ombudsman has the power to investigate.
It is not a good use of public resources for us to investigate complaints about complaints processes when we cannot investigate the substantive matter.
Final decision
We will not investigate Mrs G’s complaint because it is about matters that are not an administrative function of the Council, and we will not consider complaints processes in isolation when we cannot investigate the substantive matter.
Investigator's decision on behalf of the Ombudsman