Summary: We will not investigate this complaint about an allegation of racial discrimination while Mr Y was at a leisure facility. This is because the Council have already investigated and responded and further investigation by us would not lead to a different outcome. Nor can we achieve the outcome Mr Y is looking for.

The complaint

1. Mr Y complained that he and a family member were racially discriminated against during a visit to a leisure centre. Mr Y said despite the Council apologising the remedy offered by the Council is unsatisfactory.

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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, or
• we cannot achieve the outcome someone wants.

(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 Mr Y.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y said the actions of a council officer during a visit to a leisure centre amounted to racial discrimination. Mr Y said the Council’s offer of a remedy is unsatisfactory.
6. The Council responded to Mr Y’s complaint at both stages of its complaints procedure. The Council upheld Mr Y’s complaint and apologised to Mr Y and a family member. It also said it would review relevant procedures and staff training and offered Mr Y’s family member a free personal training session.
7. We will not investigate Mr Y’s complaint. This is because further investigation by us is unlikely to lead to a different outcome. In any case, Mr Y is seeking financial compensation because of discrimination. We could not say an organisation discriminated against a person, or award compensation for punitive damages. Only the courts can do either of these things.

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Final decision

8. We will not investigate Mr Y’s complaint because further investigation would not lead to a different outcome, and we cannot achieve the outcome he is looking for.

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Investigator's decision on behalf of the Ombudsman