Summary: We will not investigate this complaint the Council discriminated against Disabled people by removing benches from a local park. The Council intends to reinstate the benches, therefore there is no outstanding significant injustice.

The complaint

1. Mr X complained about the Council’s decision to remove benches from a local park. He said that decision discriminated against Disabled people. He wants the Council to recognise this and apologise.

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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:

• any injustice is not significant enough to justify our involvement.

(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. The Council said it had temporarily removed the benches to see if it would reduce anti-social behaviour. However, since Mr X’s complaint, the Council has confirmed it intends to reinstate the benches. As the Council has decided to reinstate the benches, we will not investigate as there is no outstanding significant injustice to Mr X.

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Final decision

6. We will not investigate Mr X’s complaint because there is no outstanding significant injustice.

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Investigator's decision on behalf of the Ombudsman