Summary: We will not investigate this complaint about how the Council handled Mr X’s complaint about wheelchair access to a retail park. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained about how the Council handled his complaint about wheelchair access to a retail park. He said the Council has not taken responsibility and so he has been unable to resolve the problem. Mr X wants the Council to make the area accessible for a wheelchair and to deal with his complaint properly.

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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 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

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. Mr X complains about wheelchair access to a retail park. He says the boundary fence and hedge stops wheelchair users being able to access the retail park’s car park safely.
6. Mr X contacted the Council and complained about the problem. He says the Council has not been responsive to him. He wants the Council to handle his complaint properly and make the area accessible for wheelchair users.
7. The Council told Mr X that it was not responsible for that area. It provided the contact details of the land owner of the retail park. It also told Mr X which Council has responsibility for that area.
8. I am satisfied the Council properly considered Mr X’s concerns and directed him to the correct place to address his complaint. It is unlikely I would find fault.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman