Summary: We will not investigate this complaint about the Council’s response to an incident involving Mr X. This is because the Council has investigated and further investigation by us would not lead to a different outcome for Mr X.

The complaint

1. Mr X said he had an encounter with security staff, acting on behalf of the Council, at a public facility. He said the staff who approached him behaved aggressively and did not properly respect his privacy. He said he felt humiliated.
2. Mr X was also unhappy with the Council’s response after he complained. He said this revealed they were unsympathetic to persons with a disability.

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The Ombudsman’s role and powers

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 further investigation would not lead to a different outcome. (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 I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council following his encounter with security staff at a public facility. The Council contacted Mr X in the initial stages of his complaint and offered an apology. It also investigated and said it could not uphold his complaint.
6. It said as part of the investigation it:
• Reviewed video evidence;
• obtained a report of the incident from the security company;
• updated its approach to welfare and safeguarding at this facility.
7. We will not investigate this complaint. I have thoroughly read the responses to Mr X’s complaint and while I acknowledge his concerns about this how this encounter affected him, and his family, I am satisfied the Council has properly considered its duties here. Consequently, I do not believe an Ombudsman investigation is warranted because it would not achieve anything more for Mr X.

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Final decision

8. We will not investigate this complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman