Summary: We will not investigate this complaint about disabled toilets being closed. There is not enough evidence of fault to justify our involvement.

The complaint

1. Ms X complained to the Council about the public toilets being shut on three occasions in July 2023. She said the disabled toilet was located inside the public toilets, therefore she could not access it. She said not having access to a public toilet caused her anxiety and embarrassment.
2. Ms X said the Council had not properly considered its duties under the Equality Act by ensuring Disabled people had access to an accessible public toilet. She said the Council should have a disabled toilet separate to the other public toilets to ensure Disabled people could always access it.
3. Ms X also complained the disabled toilet had been closed for repairs since the end of 2023.

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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:

• 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council does not have a statutory responsibility to provide public toilets. However, this Council does provide public toilets including a disabled toilet. Therefore, the Council has considered the Equality Act in the provision of services as it has provided an accessible toilet. There is not enough evidence of fault to justify our involvement.
8. Ms X complained she could not access the disabled toilet on three occasions in July 2023 because it was closed. In the Council’s complaint response, it said staff sickness meant it could not clean the toilets so it could not open them. We would not consider the toilets occasionally being closed as enough of a fault to justify our involvement. We will not investigate this complaint.
9. In Ms X’s complaint to us, she said the disabled toilet had been closed since the end of 2023 for repairs. This is a new complaint which has not yet been through the Council’s complaint procedure. It is appropriate for Ms X to complain to the Council before we will consider it.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman