Summary: We will not investigate this complaint about the Council refusing access to a toilet. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council would not allow him or his wife to use a toilet when they visited its offices for a meeting.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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. In its responses to Mr X’s complaint the Council said Mr X and his wife had arrived early for a meeting. A member of staff was not available to escort them beyond reception and to the toilets. Mr X and his wife were therefore directed to the nearest public toilet – which unfortunately was out of order. It said the security measures were there to safeguard staff and the advice about the nearest toilet was given in good faith.
6. We will not investigate Mr X’s complaint. This is because the Council has provided a proportionate and reasonable response to Mr X’s complaint. While I understand Mr X’s frustrations, there is not enough evidence of fault by the Council to warrant an investigation.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman