Summary: We will not investigate this complaint about the condition of a public toilet, and the Council’s handling of Mr X’s resulting complaint. We could not add to the investigation the Council has already done, and we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complains about the unsanitary condition of a public toilet, and the Council’s handling of his resulting complaint about the matter.
2. Mr X says this caused distress, time and trouble.
3. Mr X wants the Council to refund him the fee for entering the public toilet and provide a symbolic financial remedy to recognise his experience.

Back to top

The Ombudsman’s role and powers

4. 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 could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. We will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))

Back to top

How I considered this complaint

6. I considered information provided by Mr X.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. When responding to Mr X’s complaint, the Council acknowledged delay, provided explanation, and apologised where it identified fault. The Council also took learning from Mr X’s experience. The complaint was partially upheld overall.
9. Having reviewed all the complaint correspondence between Mr X and the Council, it is unlikely we could add to the investigation the Council has already carried out.
10. The Council considered Mr X’s request for a refund for the fee to enter the public toilet and for it to provide a symbolic financial remedy but decided the matter warranted an explanation and an apology.
11. As the Council appears to have properly considered Mr X’s request, we cannot question whether its decision was right or wrong. We therefore cannot achieve the outcome Mr X wants.
12. We will also not investigate Mr X’s complaint about the Council’s complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to deal with the substantive issue.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because we could not add to the investigation the Council has already done, and we cannot achieve the outcome Mr X wants.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman