The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to end an agreement with a local sports centre for shared sports facilities. This is because there is not enough evidence of fault in the way the decision was made and investigation could not achieve any worthwhile outcome for Mr X.
The complaint
The complainant, Mr X, complains about the Council’s decision to end an agreement for shared sports facilities at a local sports centre.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council made its decision to end the agreement for the shared sports facilities at a cabinet meeting in December 2021 following consultation and taking into account the content of a report into the various options available. It has explained its reasons and while Mr X disagrees with them it is not for us to say that Mr X is right and the Council was wrong. The Council was entitled to decide to end the arrangement and while consultation is a relevant part of the decision-making process it did not amount to a referendum on the issue.
We could not in any event achieve any worthwhile outcome for Mr X by investigating this matter further. The Council has made its decision to end the arrangement and the decision has already come into effect. The Council has put in place funding to help local clubs and organisations deal with the impact of its decision and we cannot say it must reverse the decision and enter into a new arrangement with the owners. The sports centre remains open and any decisions about opening hours, classes and opportunities is one for the owners, rather than the Council.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot achieve any worthwhile outcome for Mr X.
Investigator's decision on behalf of the Ombudsman