Summary: We will not investigate Mr X’s complaint about the information on the Council’s website about a community venue. This is because an investigation would be unable to achieve the outcome he wants.

The complaint

1. Mr X complained a community venue did not have accessible disabled facilities. He said the Council’s website advertised accessible facilities and this was false advertising. Mr X said the lack of facilities was very distressing for him and would like the venue to reimburse the person who hired the venue.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as community associations. (Local Government Act 1974, sections 25 and 34(1), as amended)
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 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

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

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My assessment

6. Mr X attended an event at a community venue. Mr X needs to be able to use fully accessible disabled toilet facilities. He complained the venue did not have the facilities it said it had. He said this caused him distress and, as a disabled man, he felt discriminated against. A community association manage the venue and this is not organisation we are able to investigate and we are therefore unable to consider this part of his complaint.
7. Mr X complained the Council included information on its website showing the venue had a fully accessible facilities. The Council has apologised to Mr X and has amended the information on its website. This is an appropriate remedy for Mr X’s injustice in relation to the Council’s actions.
8. Mr X would like the venue to agree a refund of the hire costs. But as the Council do not manage the venue this is not an outcome an investigation by us could achieve.

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Final decision

9. We will not investigate complaint because investigation would be unable to achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman