Overview
The complainant (Mr C) complained that Dumfries and Galloway Council (the Council) failed to investigate properly his complaint that he had been unfairly banned from a leisure facility, following an incident involving his child and another member and that member's child in 2008. Mr C stated that he had intervened because his child was being bullied. He was aggrieved at the decision taken to ban him and did not consider that his complaint about this incident was investigated properly. He was also aggrieved because it took account of a similar incident in 2007 when he had received a written warning from the Council. Mr C also complained that, following his allegations, the Council had failed to satisfy themselves properly that they had adequate child protection measures in place.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council failed to investigate properly Mr C's complaint that he had been unfairly banned from a leisure facility (upheld); and
- (b) the Council failed to satisfy themselves properly that they have adequate child protection measures in place (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) take appropriate action to ensure that the investigation into a complaint will be conducted properly and efficiently, with due regard to confidentiality;
- (ii) formally apologise to Mr C for his time and trouble in pursuing his complaint; and
- (iii) issue advice to their staff that non-adherence to good practice guidance, without reasonable explanation, is not an acceptable practice and may result in a critical finding by the Ombudsman.
The Council have accepted the recommendations and will act on them accordingly.