The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X being prevented from using a disabled toilet. Mr X wants the Council to provide him with compensation and accept it has breached equality legislation. We cannot achieve this outcome.
The complaint
Mr X said the Council provided him with a key to get access to disabled toilets it controls. Mr X said on several occasions a council security guard prevented him using the facility and this caused him distress and embarrassment. Mr X said because the Council has not made reasonable adjustments it is in breach of the Equality Act 2010.
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))
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 said a council security guard prevented him from using a disabled toilet and the Council had earlier supplied him with an access key. He said this happened on several occasions. Mr X said he wanted the Council to accept it was in breach of the Equality Act 2010, because it had failed to make reasonable adjustments for him. He said he wanted the Council to pay him compensation for its actions.
We cannot achieve either of these outcomes, only a court can decide whether an organisation is in breach of legislation and award compensation for personal injury.
Final decision
We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants.
Investigator's decision on behalf of the Ombudsman