Summary: The Ombudsman will not investigate this complaint arising from an incident at a Council-run leisure facility in July 2018. It is unlikely an investigation would lead to a worthwhile outcome.

The complaint

1. The complainant, who I refer to here as Miss B, has complained about the Council’s actions following an incident in July 2018. Her son trod on a needle in a changing room at a Council-run leisure facility. In summary, she says the Council did not investigate properly at the time or take adequate steps to prevent a recurrence following the incident.

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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;
• the fault has not caused injustice to the person who complained;
• the injustice is not significant enough to justify our involvement; or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered what Miss B said in her complaint which included her correspondence with the Council. Miss B commented on a draft before I made this decision.

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What I found

5. In July 2018, Miss B’s young son trod barefoot on a needle in the changing room at a Council-run leisure facility. Fortunately, he was not injured although I appreciate it must have been very stressful for both of them.
6. Miss B complained to the Council and in early August 2018, the Council advised her she could complain to us. Miss B did not do so immediately as she believed the Council would take steps to address any possible risk to the public.
7. More recently, Miss B also complained to the Council about the actions it had taken following the incident to prevent a recurrence. As she was unhappy with the Council’s response, she complained to us.

Analysis

8. I consider it was for the Council to decide what action to take as a result of the incident. While Miss B clearly feels the Council should have done more, I consider we are unlikely to find there has been fault by the Council in this regard. It is also unlikely an investigation would lead to a different outcome.

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Final decision

9. I have decided we will not investigate this complaint for the reasons set out in paragraph 8.

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Investigator's decision on behalf of the Ombudsman