Summary: The Ombudsman will not investigate this complaint about changes made to swimming classes used by the complainant. It is unlikely he would find fault by the Council and cannot provide the remedy the complainant seeks.

The complaint

1. The complainant, who I refer to here as Miss C, has complained the Council has changed the times of swimming lessons she has attended for several years. She says the change has caused her a lot of inconvenience and she would like the Council to change the sessions back to how they were.

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The Ombudsman’s role and powers

2. 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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• it is unlikely we could add to any previous investigation by the Council; or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Miss C said in her complaint which included the Council’s final response to her complaint. Miss C commented on a draft before I made this decision.

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What I found

6. I consider the Council has provided a full response to Miss C’s complaint and that investigation would add nothing significant to what we know.
7. The Council has explained in some detail why it had to make some changes to the timing of classes in order to manage the services it provides. It has explained that, for the same reasons, it cannot change the timing of the classes back to what they were before.
8. While I recognise the changes may have adversely affected Miss C, I consider it is for the Council to decide how to manage its leisure provision. I have seen nothing to suggest fault in how it did this.

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Final decision

9. I have decided we will not investigate this complaint. This is because we are unlikely to find fault by the Council and we could not provide the remedy Miss C seeks.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman