Summary: We will not investigate Ms X’s complaint about the Council’s decision on which support networks it provides funding to. It is unlikely we would find fault.

The complaint

1. Ms X said the Council’s approach to the support networks it provides funding to was contrary to the Equality Act 2010. Ms X complained on behalf of a support group saying the Council's failure to adhere to its legal duty or its own policy, left the people she supported with without safe access to help.
2. Ms X now wants the Council to change how it approaches this issue.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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, or
• there is no worthwhile outcome achievable by our investigation.

(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 Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X and the Council had an exchange about her complaint. Ms X was unhappy with the Council responses, saying she believed it had not done enough to provide single-sex spaces for victims of abuse.
8. In the Council’s responses, it said how it decided which support networks it would provide funding to. It said its approach was ‘person-centred’ and explained it had considered its legal duties, national practice and research including local engagement, to decide on its approach. It also said it was aware of other legal cases that were ongoing in this respect. Finally, the Council asked for information about specific cases where service users had been affected.
9. Only the courts can definitively say whether a council has followed its legal duty. Instead, we can only consider whether there is maladministration in how a council has taken a decision.
10. We are unlikely to find fault in this case. This is because the council appears to have considered its decision-making having regard to the law, its policy, and the circumstances of Ms X's complaint.
11. Ms X strongly disagrees with the Council's arguments, but it is not our role to challenge, or introduce our view on legal matters when decisions have been taken correctly.

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Final decision

12. We will not investigate Ms X’s complaint because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman