Summary: The Ombudsman will not investigate Mr X’s complaint about an increase in membership fees at his local gym as Mr X is not caused a significant injustice from this.

The complaint

1. The complainant, whom I shall call Mr X, complains that his local gym does not operate a transparent pricing structure for membership fees and about an increase in the membership fee for this year. Mr X also complains about how the Council dealt with his complaint about this.

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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’. 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 could add to any previous investigation by the Council, or it is unlikely further investigation will lead to a different outcome, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Mr X said in his complaint and his comments in response to my draft decision.

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What I found

4. Mr X complains about the pricing structure of membership fees at his local gym, which is run on behalf of the Council. Mr X complains the gym does not display membership fees and that they are not transparent. Mr X complains he had to pay significantly more this year to continue to be a member and is concerned that increasing costs will prohibit many people from joining the gym.
5. Mr X wants the Ombudsman to set up a meeting between him and the management company and/or to arrange for a new manager to be put in post.
6. Mr X also complains the Council issued a stage 2 response on his complaint without taking into consideration a report he had submitted to it.

Analysis

7. It is clear Mr X is unhappy about the increase in the cost of membership but ultimately it is his choice whether to pay this or not. Mr X is not therefore, directly caused a significant injustice from his complaint. We will not investigate how the Council dealt with Mr X’s complaint as, again, Mr X is not caused a significant injustice from this.
8. We also cannot achieve the outcomes Mr X seeks.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate as Mr X is not caused a significant injustice from his complaint and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman