The Ombudsman's final decision
Summary: We will not investigate this complaint about the ventilation at a leisure facility. The Council has carried out an inspection and maintenance work in response to the complaint. Therefore, further investigation by us would not lead to a different outcome. In any case, we cannot achieve the outcome Ms X wants.
The complaint
Ms X complained there is inadequate airflow at the studio where she undertakes an exercise class. She complained the air-conditioning units and vents are not working properly leading to poor ventilation during classes.
Ms X would like the Council to replace the air ventilation system in the studio.
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: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
After Ms X raised her complaint with the Council, it arranged for maintenance work and an independent inspection to be carried out. It said it would carry out further routine inspection imminently.
Following Ms X’s complaint, the Council issued a Stage 1 and Stage 2 complaint response explaining its actions.
We will not investigate this complaint. The Council took action in response to Ms X’s complaint and these actions are a reasonable and proportionate outcome. Therefore, further investigation by us would not lead to a different outcome.
Ms X wants the Council to replace the ventilation system and we could not direct it to do this and so cannot achieve her outcome.
Final decision
We will not investigate Ms X’s complaint because further investigation by us would not lead to a different outcome and we cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman