Summary: We will not investigate Mrs X’s complaint that the Council failed to open a public toilet on three occasions in 2024. This is because an investigation is unlikely to achieve any additional outcome.

The complaint

1. Mrs X complained the Council failed to open a public toilet on three occasions in 2024. Mrs X also complained about delays in the Council’s complaints process.
2. Mrs X says the matter caused her distress and frustration.

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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 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, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. We will not investigate Mrs X’s complaint the Council failed to open a public toilet in a local park on three occasions in 2024.
7. This is because the Council explained:
• in April 2024, the employee that was scheduled to open the toilets was delayed due to an emergency;
• in October 2024, an employee left their position without notice, but the responsible manager opened the toilets as soon as they were able; and
• in November 2024, an employee was unable to attend at the scheduled opening time at 8:00am, but the toilets were opened by 10:00am.
8. In each of the instances the Council apologised for the distress caused. It also explained the opening and operating of the toilets at the site has over 99% compliance.
9. Consequently, while I acknowledge Mrs X’s frustration and distress, an investigation by the Ombudsman is unlikely to achieve any additional outcome, and we will not investigate this complaint.
10. We will not investigate Mrs X’s complaints about delays in the Council’s complaints handling. This is because it is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue. Therefore, we will not investigate this complaint.

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Final decision

11. We will not investigate Mrs X’s complaint because an investigation is unlikely to achieve any additional outcome.

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Investigator's decision on behalf of the Ombudsman