Sunderland City Council (21 015 336)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 21 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about membership options at a leisure centre. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.
The complaint
- The complainant, whom I refer to as Mr X, complains about the membership options at the leisure centre. He says he is forced to pay for activities he does not want.
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 an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
- Mr X has a swim only membership. The renewal price in 2021 was £249 but Mr X paid £210. He was offered a concessionary membership for £210 which would have covered the use of all facilities including the pool and gym. However, Mr X renewed a swim only membership for £210.
- Mr X says he is being forced to pay for services he does not want. He wants the Council to offer a concessionary swim only membership. The Council explained it offers a range of memberships and people are not forced to pay for services they do not want.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. It is for the Council, not us, to decide what membership options to offer and the cost. The Council offers a swim only membership and a concessionary membership which is less than the standard swim only membership. If Mr X thinks the Council should offer additional concessionary memberships then this is something he would need to pursue with the Council or his local councillors.
- I also will not investigate this complaint because there is insufficient evidence of injustice. This is because Mr X renewed a swim only membership at the concessionary rate.
Final decision
- I will not investigate this complaint because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.
Investigator's decision on behalf of the Ombudsman