The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response following an incident at a leisure centre. This is because there is no worthwhile outcome achievable by our investigation. We also cannot achieve the outcome Mrs X is seeking.
The complaint
Mrs X complained The Council did not adequately respond after she was involved in an incident with another leisure centre user. Mrs X said the other person should have been banned from the centre immediately, but this did not happen.
Mrs X said this has had an impact on her mental health and does not feel able to return to the centre. She wants the Council to ensure the other person cannot use the centre at the same time she does.
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 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained no action was taken by leisure centre staff to exclude another user from the centre until she raised a complaint. Mrs X also complained the Council’s complaint response was inadequate.
The information at hand suggests the Council responded when Mrs X raised concerns, took advice from the police who were also investigating the incident and responded to the complaint appropriately.
Mrs X also wants the Council to schedule times when she and the other user can use the centre independently of each other. We would not be able to achieve this outcome, as we cannot direct the Council to do this.
I therefore do not believe that there is any worthwhile outcome that an Ombudsman investigation could achieve.
Final decision
We will not investigate Mrs X’s complaint because there is no worthwhile outcome achievable and we cannot achieve the outcome that is sought.
Investigator's decision on behalf of the Ombudsman