The Ombudsman's final decision
Summary: We will not investigate this complaint about an event’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 concerns about a tourist attraction she accessed using the Council’s discount card scheme failing to comply with the Public Sector Equality Duty (PSED). She says she was refused access to the attraction when she expressed this to the attraction staff, which she considers discrimination. She wants the Council to enforce changes by the attraction and provide Equality Act training to its staff.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs G complained to the Council about a tourist attraction she visited using a discount card scheme the Council administers.
The Council responded saying it would not investigate her complaint, and said the tourist attraction's actions were in line with its position and the PSED.
The attraction in question is not commissioned by the Council to provide administrative functions on its behalf. It is a privately-run tourist attraction, and the Council does not have power over it. The actions of the tourist attraction 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