The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to close a swimming pool or about how it has dealt with a planning application for the site. The decision to close the pool was made too long ago and I see no reason why a complaint about this could not have been made sooner, and there is no evidence of fault in how the Council considered the subsequent planning application for the site.
The complaint
The complainant, who I will call Mrs X, complains about decision made by the Council in relation to an outdoor swimming pool. She says the Council: Did not properly consider the results of a public consultation exercise, when it made its decision to close the pool in 2019; and Did not properly consider objections raised in response to a recent planning application to build a new indoor pool on the site and did not properly consider the environmental impact of the development.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint about the Council’s original decision to close the pool. The Council made this decision in 2019 and I see no reason why Mrs X could not have raised a complaint about this with the Council and then the Ombudsman sooner.
I will not investigate Mrs X’s complaint about how the Council dealt with a planning application for a new indoor swimming pool on the site of the outdoor pool. This is because there is insufficient evidence of fault in how the Council dealt with the matter.
The planning officer’s report shows that objections made by members of the public, including Mrs X, were summarised, and properly considered. The Council the issues of the environmental impact of the development and the objections against the closure of the outdoor pool. In the absence of fault, I cannot question the merits of the decision to recommend planning approval. I have also listened to the audio recording of the planning committee meeting and heard nothing to suggest fault in the way the application was considered.
Final decision
We will not investigate Mrs X’s complaint because the decision to close the pool happened too long ago and the decision to grant planning permission on the site was not affected by fault.
Investigator's decision on behalf of the Ombudsman