Summary: We will not investigate this complaint about wheelchair accessibility to a retail park. This is because it is not an administrative function of the Council. We will not investigate how the Council handled the complaint because it is unlikely we would find any fault.

The complaint

1. Mr X complained about the lack of access for wheelchair users to a retail park. He said there are fences and hedges blocking the access to the retail park’s car park. Mr X said wheelchair users have to travel along a road with oncoming traffic which is unsafe.
2. Mr X said the Council has not worked with the land owner to remove the fences and hedges to allow a wheelchair through to the retail park. He wants the Council to work with the land owner to remove the boundary.
3. Mr X complained the Council has not told him what it is doing to resolve the issue.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
6. 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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X would like the Council to take responsibility for the issues and suggested how the carpark could be more accessible. But the land is owned by a third party, not the Council. This would not be an administrative function of the Council and it is not responsible for completing work on privately owned land.
10. Mr X is unhappy with how the Council has dealt with his complaint. I am satisfied the Council has considered Mr X’s concerns. It gave Mr X the contact information for the land owner and explained why it is not responsible for this area of land.

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Final decision

11. We will not investigate Mr X’s complaint because the issue being complained about is not an administrative function of the Council. We are unlikely to find fault with how the Council has dealt with the complaint.

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Investigator's decision on behalf of the Ombudsman