Summary: We will not investigate Mrs X’s complaint about the Council’s investigation of an accident at a gym. The complaint is late and it would have been reasonable for Mrs X to have complained sooner.

The complaint

1. Mrs X complaints the Council did not properly investigate the safety of equipment following an accident at a gym.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
4. 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)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mrs X had a serious accident while using equipment at a gym. Mrs X complains the Council have not properly investigated. She says the gym equipment did not have an emergency stop feature.
8. The Council investigated the incident and did not find evidence of unsafe working practices. The Council also referred the incident to the Health and Safety Executive, who advised trading standards would be the appropriate team to investigate the safety of equipment used by a consumer.
9. The District Council isn’t responsible for trading standards because this is a county level function. The Council referred the matter to the County Council’s trading standards team.
10. We normally expect people to complain to us within twelve months of them becoming aware of a problem. The incident occurred in July 2023, and Mrs X received her final complaint response from the Council in August 2024. Mrs X did not complain to the Ombudsman until September 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint. The complaint is late and it would have been reasonable for Mrs X to have complained sooner.

Back to top

Investigator's decision on behalf of the Ombudsman