Summary: We will not investigate this complaint about the Council’s decision to close car park lifts because of a failure of the emergency call system. The complaint does not meet the tests set out in our Assessment Code. Decisions on whether the Council has breached the Equalities Act are a matter for the courts.

The complaint

1. The complainant, who I shall refer to as Mr X, complains for his wife, Mrs X, who is disabled. He says the Council discriminated against her by failing to provide lift access to a local supermarket via one of its car parks for about one month.
2. He wants compensation and an apology.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X including the Council’s responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Equality Act 2010 means public sector organisations, including councils, must consider the Public Sector Equality Duty (“the Duty”). They must seek to eliminate unlawful discrimination, advance equality of opportunity and foster good relations in their policies and services.
7. Public bodies do not have to consider the Duty in any specific way. They need to understand the potential effects of what is being considered on different people but there is no prescribed process for this.
8. The Ombudsman cannot make a finding that a council has breached the Equality Act, that is a matter for the courts. However, we can consider whether it failed to take account of its duties under the Equality Act.
9. In this case the Council had the lifts in the car park refurbished. In August 2021, the Council discovered the lift alarm was not working. This meant anyone trapped in the lift would not be able to call for help.
10. Investigations into the cause of the failure of the emergency call system took place. The Council was told there was a failure with the Wi-Fi signal. The only reliable repair was to install a physical connection to the BT/Openreach Network.
11. The Council says it actively sought to progress the work. However, permissions were needed from statutory undertakers including BT. One lift was back in action by the middle of December and the other in January.
12. I understand Mrs X could not access the supermarket directly from the car park for a limited time. This was undoubtedly inconvenient. However, the Council has duties to protect the health and safety of the public as well as duties to consider the impact of its decisions under the Equalities Act. In this case it decided it could not allow the lifts to remain in use without a functioning emergency call system.
13. I have not seen evidence of fault in the way the Council decided to close the lifts to the public while the emergency call system was not working.

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Final decision

14. We will not investigate Mr X’s complaint because the Council has considered his complaint fully and provided reasons as to why it had to close the car park lifts. It is, therefore, unlikely the Ombudsman would find fault with the Council’s decision.
15. If Mr X thinks the Council’s action is a breach of the Equality Act, he can take this matter to court for a determination.

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Investigator's decision on behalf of the Ombudsman