The Ombudsman's final decision
Summary: We cannot investigate this complaint about public toilets. That is because the toilets are not the responsibility of the Council.
The complaint
Mrs X complained the Council only allowed payment by card to use the public toilets. She said that discriminated against people who did not have access to electronic payment methods.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The public toilets are the responsibility of the Town Council. Therefore, we cannot investigate this complaint as it does not relate to the administrative functions of the Council. The law says we cannot investigate town councils.
Final decision
We cannot investigate Mrs X’s complaint because it is not about an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman