Summary: We cannot investigate Mr X’s complaint about a community car scheme because it lies outside our jurisdiction. This is because the matter complained about is not an administrative function of the Council.

The complaint

1. Mr X complains the Council should have told a community car scheme that it was required to comply with discrimination law because it partially funds the service. Mr X says the service is acting illegally in refusing to allow his wife, Mrs X, to use the service unless she is accompanied by a carer.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has confirmed, in response to our initial enquiries, that it does not fund the community car scheme. It is not a Council service. It is a voluntary organisation. It also confirmed Mrs X is not currently open to its service and it therefore has no involvement in her care or support

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Final decision

7. We cannot investigate Mr X’s complaint. It lies outside our jurisdiction because the matter complained about is not an administrative function of the Council. We have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman