The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council racially discriminated against Mrs X. We cannot determine whether the Council has breached the Equality Act 2010 or determine whether the Council is liable for her financial losses. These are matters for the courts.
The complaint
Mrs X complains the Council breached the Equality Act by racially discriminating against her and breached its contract with her. She says this traumatised her and caused her significant financial loss.
She wants £600,000 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 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 we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains the Council breached the Equality Act 2010 by subjecting her to racial discrimination. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts.
Mrs X seeks financial compensation for economic losses related to her business, which she states were caused by the Council’s actions. We could not determine whether the Council was liable for Mrs X’s economic losses or recommend the Council pay her compensation. Only the courts can do this.
Final decision
We will not investigate Mrs X’s complaint because we cannot achieve the outcomes she is seeking. These are matters for the courts.
Investigator's decision on behalf of the Ombudsman