Summary: The Ombudsman will not investigate this complaint about the complainant’s request for a full refund for unused swimming lessons. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council will not make a full refund for unused swimming lessons.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered the terms and conditions for swimming lessons. I invited Mr X to comment on a draft of this decision.

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What I found

4. People can pay for swimming lessons by direct debit. The terms and conditions say it is the responsibility of the customer to cancel the membership with the Council and to cancel the direct debit with the bank. The rules also say the Council only issues a refund if it has charged someone in error.

What happened

5. Since 2017 Mr X has been paying for swimming lessons by direct debit. He has paid £686 since 2017.
6. Mr X’s wife dealt with all the finances. Unfortunately she died and it took some time for Mr X to trace the direct debt and cancel it. Mr X asked the Council for a refund because he had not used the swimming lessons and had continued to pay for them in error.
7. Due to his circumstances the Council offered a 50% refund of £348. It also pointed out that it was the responsibility of the customer to cancel the direct debit with their bank.
8. Mr X is dissatisfied with the response and wants the Council to issue a full refund.

Assessment

9. Mr X has faced a difficult few years and suffered a significant loss. It is understandable that he thinks he should get a full refund.
10. It is my role to decide if the Council has done anything wrong. The rules say it is the responsibility of the customer to cancel the direct debit. Due to the difficult circumstances it took time for Mr X to cancel the direct debit but this does not mean the Council has done anything wrong. The rules say the Council will only make a refund if it has charged someone in error. Mr X had not cancelled the lessons so the Council did not charge Mr X in error. Despite there being no reason, under the rules, for the Council to make a refund, it still offered a 50% refund. This is more than it was required to do. There is no reason to start an investigation because, despite the circumstances, there is no suggestion of fault by the Council.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman