Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to refund her gym membership fee. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall call Mrs X, complains the Council will not refund her gym membership fee. Mrs X no longer wants to use the gym because of COVID-19.

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The Ombudsman’s role and powers

2. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. In March 2020, Mrs X bought an annual membership for her local gym which the Council operates. The gym was closed for much of 2020 because of COVID-19. To make up for this, the Council has extended Mrs X’s membership to October 2021. Because Mrs X’s husband is over 70 and is at higher risk from COVID-19, she is worried that if she uses the gym, she could expose her husband to COVID-19. Mrs X has therefore asked the Council to refund her membership fee.
6. The Council has responded to Mrs X complaint. It has explained that memberships have been extended to make up for the time the gym has been closed. It has explained its terms and conditions do not generally allow refunds if an annual membership is cancelled. But there are exceptions if a person moves or if they can provide medical evidence.
7. Based on the information available we will not investigate Mrs X’s complaint. It is unfortunate the gym had to close because of COVID-19. But the Council has ensured its members are not disadvantaged by extending their membership. Its terms and conditions do not allow refunds when an annual membership is cancelled, and it is entitled to enforce these conditions. But the Council has also said it can make an exception if medical evidence is provided. Mrs X has the option of providing this and asking the Council to reconsider its decision. I have not therefore seen enough evidence of fault by the Council for us to investigate.

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Final decision

8. We will not investigate Mrs X’s complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman