The Ombudsman's final decision
Summary: We will not investigate this complaint about the accessibility of seating at a Council park. This is because there is insufficient evidence of fault by the Council, and we have no power to decide if the Council has breached the Equality Act 2010.
The complaint
Mr X complains about the accessibility of seating at a Council park.
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: there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X, including the Council’s responses to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained that seating at a Council park was not accessible for people who have mobility difficulties but are not wheelchair users. Mr X says the Council had not met the requirements of the Equality Act 2010.
The Council said Mr X could ask Council park staff about alternative seating when visiting the park, and the seating provision was subject to suitable access considerations when installed over ten years ago. The Council has agreed to consider installing additional seating at the site, and said it will properly consider accessibility when the existing seating is scheduled for replacement.
There is insufficient evidence of fault by the Council to warrant further investigation. It is for the courts, not the Ombudsman, to consider whether the Council has breached the Equality Act 2010.
Final decision
We will not investigate this complaint. This is because there is insufficient evidence of procedural fault by the Council, and we have no power to decide if the Council has breached the Equality Act 2010.
Investigator's decision on behalf of the Ombudsman