Summary: Ms X complained that an organisation working in partnership with the Council discriminated against her on the grounds of race by charging her more than other people to hire a room. She says the Council failed to put processes in place to prevent and address systemic racism within partner organisations. Ms X’s complaint is not within the Ombudsman’s jurisdiction as the community centre Ms X complains about is not providing services on behalf of the Council.

The complaint

1. Ms X complained that an organisation working in partnership with the Council discriminated against her on the grounds of race by charging her more than other people to hire a room. She says the Council has failed to put processes in place to prevent and address systemic racism within partner organisations.
2. Ms X says she has been overcharged and should be given a refund.

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The Ombudsman’s role and powers

3. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with the complainant;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

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What I found

6. Ms X hired a room in a community centre in order to hold exercise classes. She says she had a basic written contract with the community centre from 2011 at a rate of £24 per hour.
7. Ms X and the community centre became involved in a dispute about the payment of the hire charges. While dealing with that dispute, Ms X found out that other users of the community centre were charged a cheaper hourly rate. Ms X says the community centre has never provided an explanation of why she is charged a higher amount. She says in the absence of an answer from the community centre she perceives it to by her ethnicity as she is a black woman.
8. Ms X says the community centre did not adequately responded to her complaints of systemic racism. So in January 2020 she complained to the Council. She believed the Council was in partnership with the community centre and so it should be responsible for the actions of its partners. Ms X says the Council has made a commitment to become an anti-racist city and so should not be in partnership with organisations that are racist and it should support her to challenge the situation she has faced.
9. Council officers met with Ms X in July 2020 to discuss her complaint. In a written response dated 26 August, the Council explained that her complaint against the community centre was separate issue and it had not involvement in the community centre’s complaints process. It acknowledged the Council was in partnership with the organisation running the community centre and that it had awarded it a regeneration tender. It explained there was no reason or requirement for the Council to incorporate conditions in the tender documents in the way suggested by Ms X. The Council said Ms X had provided no evidence to support her serious allegation of systemic racism and categorically refuted any suggestion Ms X had been treated in a discriminatory manner by the Council.

Analysis

10. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. Where an individual organisation or private company is providing services on behalf of a council we can investigate their actions as if it was the Council providing them.
11. It is clear that Ms X’s complaint about the charges at the community centre are not the actions of the Council. I have therefore considered whether the community centre is run on behalf of the Council. There is no evidence to suggest this is the case. The Council has confirmed no services are provided at the community centre on its behalf and there is no relationship in respect of the community centre. Ms X has not provided any evidence to contradict this or suggest services are provided at the community centre on behalf of the Council.
12. The Council does have an ongoing relationship with the organisation running the community centre. Ms X feels that this means the Council should take action in respect of her issue because she is alleging racism and the Council has made a public commitment to end racism in Oxford.
13. The issue for our consideration is whether the complaint made falls within the Ombudsman’s jurisdiction. The main substance of the issues complained of are about the charges at the community centre. As the community centre is not providing services on behalf of the Council there is no basis for the Ombudsman to investigate as the organisation running the community centre is not a body within our jurisdiction.
14. As to whether there is a wider responsibility for the Council to address Ms X’s concerns of systemic racism is not something the Ombudsman can take a view on.

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Final decision

15. I will now discontinue my investigation as the complaint falls outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman