Summary: We will not investigate this complaint about inadequate toilet provision at Council run building. This is because further investigation would not lead to a different outcome.

The complaint

1. Miss X complains that about inadequate toilet provision and signage at a Council run building. Miss X complains about how staff at the building dealt with her when she reported her concerns and about how her complaint was dealt with.

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The Ombudsman’s role and powers

2. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. In responding to Miss X’s complaint, the Council accepted that toilet provision and signage at the building it runs was insufficient and agreed that all toilets would be available and additional signage ordered. In regard to how one member of staff spoke to Miss X, the Council spoke to them but that they had different recollections to the events. The Council said it could not say which account was accurate but did say it would develop new guidelines for staff, so they are better able to answer questions from the public.
6. I will not investigate Miss X’s complaint. This is because I consider that the actions taken by the Council in response to the issues she raised were appropriate and proportionate, and we could not reach a robust conclusion about what was said between her and the member of staff. Therefore, further investigation into this matter would not lead to a different outcome.
7. I will not investigate how the Council dealt with Miss X’s complaint, including what was said in an early response to Miss X. This is because it is not a good use of public funds to investigate complaint handling when we have decided not to investigate the substantive issues raised in a complaint.

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Final decision

8. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman