Summary: The Ombudsman will not investigate Mrs X’s complaint about charges at her local leisure centre. This is because there is not enough evidence of fault or that Mrs X has been caused a significant personal injustice.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the way her local leisure centre charges membership fees. Mrs X said the leisure centre did not make it clear it charged its members two months in advance. Mrs X also complained about the leisure centre’s policy for refunds when a member could not attend a pre-booked class.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I gave the complainant the opportunity to comment on a draft decision and considered any comments received.

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What I found

What happened

6. Mrs X joined her local leisure centre. A provider operates this on behalf of the Council. Mrs X complained to the Council about the way its provider charges membership fees. Mrs X felt it was unfair the provider charges two months’ membership fees in advance. Mrs X was also concerned about what would happen if a member could not attend a pre-booked class.
7. The Council has responded to Mrs X’s complaints. In its responses it said:
• Information is available on the leisure centre provider’s website about what a direct debit covers.
• There are three elements making up a member’s first payment. These are the first month’s payment, a one-off admin fee, and the final month’s payment in advance.
• The provider’s website explains that members can cancel their direct debit by notifying them in writing. Members are also advised to cancel their direct debit through their bank. This will avoid a direct debit being taken during the notice period. This information was available and published when Mrs X took out her membership. A similar charging structure is used by other leisure centres.
• If a member cannot give the normal notice period, the situation will be discussed with the customer.
• If circumstances prevent an individual attending a pre-paid class, the provider will look at each case to decide if a refund is due. If the provider cancels a class, the cost will be refunded / offset against the next month’s direct debit.

Assessment

8. We do not investigate all the complaints we receive. As explained in paragraph 2 we use our Assessment Code to decide which complaints to investigate. We consider various tests including the likelihood of finding fault and the alleged injustice to the person complaining. We only investigate the most serious complaints.
9. It is clear Mrs X feels strongly about the leisure centre’s terms and conditions. But the Council has explained the rationale behind the policy. It is not for us to say what terms and conditions such policies should contain. The customer has a responsibility to check the terms and conditions and to make sure they are happy with them. There is no evidence these were not available to Mrs X and so if we were to investigate, it is unlikely we would find fault.
10. Also, while Mrs X feels the terms and conditions could lead to somebody paying an extra month of membership fees, this did not happen to Mrs X. The alleged fault has not therefore caused Mrs X any injustice.
11. The above also applies to the policy for refunds when a class is cancelled. The Council has explained its policy and it is unlikely we would find fault if we investigated. Again, there is no evidence the policy has caused Mrs X any personal injustice. Even if it had, it is unlikely the injustice would be significant enough to warrant an investigation.

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Final decision

12. We will not investigate Mrs X’s complaint. This is because there is not enough evidence of fault or that Mrs X has been caused a significant personal injustice.

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Investigator's decision on behalf of the Ombudsman