Summary: We will not investigate Miss X’s complaint about the Council’s introduction of a fee for use of its tennis courts. This is because there is not enough evidence of fault by the Council or of significant injustice to Miss X.

The complaint

1. The complainant, Miss X, complains the Council has decided to introduce a £5 fee per hour for use of some public tennis courts in the borough. She is concerned it will stop members of the public from using the courts and believes the courts should remain free to use.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by Miss X and the Ombudsman’s Assessment Code. I shared my draft decision with Miss X and invited her comments.

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My assessment

4. The Council has recently introduced a £5 fee per hour for use of tennis courts at five sites in the borough. Miss X used to use the courts but complains the fee is too high and will put people off. She also believes it goes against the Council’s equality policies.
5. The Council has explained it is charging for use at the sites which are fitted with smart access gate systems and are in a better state of repair. It intends to upgrade the remaining sites and introduce charges across all courts at some point in the future.
6. There is no absolute duty for the Council to provide tennis courts for members of the public or to do so free of charge. The Council is entitled to charge for use of its sports facilities and to decide on the amount of any fee it may charge. Miss X is under no obligation to use the Council’s tennis courts and if she does, she may agree to split the cost with others. It is therefore unlikely we could say the Council’s decision amounts to fault or that it causes Miss X significant injustice.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or of significant enough injustice to Miss X.

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Investigator's decision on behalf of the Ombudsman