Summary: We will not investigate Mr X’s complaint about the Council’s decision to prioritise asymptomatic COVID-19 testing for those who cannot work from home. This is because it is unlikely we would find fault causing Mr X significant injustice.

The complaint

1. The complainant, Mr X, complains the Council has failed to provide walk-in testing for COVID-19 for members of the public without any symptoms of the virus.

Back to top

The Ombudsman’s role and powers

2. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

4. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

Back to top

How I considered this complaint

5. I reviewed Mr X’s complaint and the Council’s response. I spoke to Mr X and sent him a copy of my final decision.

Back to top

What I found

6. The NHS provides tests for people with symptoms of COVID-19 as part of the Test and Trace initiative. The Government has also supported local authorities to provide testing for people without symptoms, however it encourages local authorities to target its testing at people who cannot work from home.
7. The Council offers some testing for people without symptoms, in line with the Government’s advice, but Mr X is unhappy it has not provided walk-in test centres for all members of the public without symptoms of COVID-19. He believes this amounts to discrimination against people who cannot work as a result of a disability.

Assessment

8. There is no requirement for local authorities to provide testing for all members of the public without symptoms of COVID-19. The Government’s guidance clearly directs local authorities to prioritise testing for those who cannot work from home as they are at the greatest risk of being exposed to others who may have the virus. People who do not have to travel to a workplace, whether because they can work from home or do not have a job, are less likely to come into contact with people with COVID-19 and are more able to avoid such contact.
9. The Council’s decision to target its testing at people who cannot work from home is in-line with the guidance referred to above and follows a county-wide approach decided by a body made up of representatives from all local authorities in the area.
10. Blackpool Borough Council is not Mr X’s local council and there is no suggestion Mr X falls into the priority group set out above. The Council has nevertheless agreed to allow him to attend a test centre in its area if he wishes.
11. While the decision not to offer wider asymptomatic community testing affects more than just Mr X personally, the tests used are not 100% effective and negative results provide no guarantee the person does not have the virus. They also do not allow members of the public to breach local or national COVID-19 restrictions and must be followed up with a further test in the event the result is positive. We cannot trace cases of COVID-19 between members of the public and it is therefore unlikely we could ever attribute a case of the virus to the lack of walk-in testing facilities in the borough. Any general increase in the risk of catching the virus affects most of the people in the area and could not provide a basis for investigation as set out at Paragraph 4 above.
12. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

Back to top

Final decision

13. We will not investigate this complaint. This is because there is no evidence of fault causing Mr X significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman