Summary: We cannot investigate Mr X’s complaint about a lack of accessible toilets at a private club. This is because the complaint does not concern an administrative function of the Council.

The complaint

1. Mr X complains that a club that he was previously a member of does not have any accessible toilet facilities.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Mr X’s complaint. The club, for which Mr X was previously a member, is a private organisation. Whilst it may be the case that the club leases land from the Council, this does not mean it is carrying out an administrative function on behalf of the Council. The law therefore prevents us from considering the matter.

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Final decision

7. We cannot investigate Mr X’s complaint because it does not concern an administrative function of the Council

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Investigator's decision on behalf of the Ombudsman