The Ombudsman's final decision
Summary: We will not investigate this complaint about issues at a swimming pool. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.
The complaint
Miss X complains about several matters relating to a swimming pool. Miss X says she raised concerns about maintenance at the pool (including the pool temperature), a lack of parking at the pool (Including blue badge parking) and changes to class timetables.
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 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: we could not add to any previous investigation by the organisation, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My Assessment
Miss X’s complaint concerns a swimming pool that has since closed. In response to the closure the Council has changed memberships to allow members to use other pools. However, it has said that it does not have capacity to fulfil all classes previously offered, and must prioritse statutory services such as child swimming lessons and school swimming.
I will not investigate Miss X’s complaint that parking was restricted at the swimming pool whilst development at another site was carried out. The Council has apologised to Miss X and agreed to consider disabled parking at the planning stage for future developments. This is an appropriate and proportionate response to Miss X’s concerns and therefore we could not at the investigation carried out by the Council.
I will not investigate Miss X’s complaint about maintenance at the swimming pool. This is because the Council has closed the pool and has recently agreed to demolish the site and build a new swimming pool. For this reason, there would be no worthwhile outcome investigating this element of Miss X’s complaint.
Finally, I will not investigate Miss X’s complaint that the Council has not reinstated the swim class she previously attended. This is because we cannot achieve the outcome she seeks. It is for the Council and not the Ombudsman to decide what classes should be scheduled and when. The Council has fully justified why the changes have been made to the timetable and we therefore cannot recommend it makes the changes to the timetables that Miss X seeks.
Final decision
We will not investigate Miss X’s complaint because it does not meet the criteria laid out in our Assessment Code.
Investigator's decision on behalf of the Ombudsman