The Ombudsman's final decision
Summary: We have upheld Miss X’s complaint because the Council did not review Miss X’s ban from the Town Hall after six months. The Council has agreed to apologise to Miss X and make service improvements.
The complaint
Miss X complains the Council banned her from the Town Hall and did not carry out a review at six months.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy (Local Government Act 1974, sections 26(1) and 26A(1), as amended).
If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), 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
If we were to investigate this complaint, it is likely we would find the Council at fault. The Council wrote to Miss X banning her from the Town Hall and said it would review its decision in six months. While the Council was entitled to ban Miss X, it did not carry out a review. Further, it does not have a policy setting out when it may restrict entry to its buildings, and detailing review periods or appeal rights.
We asked the Council to consider resolving the complaint early by taking the following actions:
Within one month
apologise to Miss X, taking into account our guidance on making apologies found here: guidance on remedies
Within three months
publish a policy setting out when the Council may restrict entry to its buildings, including any review periods and any appeal rights.
Agreed Action
To its credit, the Council agreed to resolve the complaint by taking the actions set out above.
Final decision
We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X and by making service improvements.
Investigator's decision on behalf of the Ombudsman