Summary: We will not investigate this complaint that the complainant was racially abused at a leisure centre and unfairly banned. This is because there is insufficient evidence of fault by the Council and because we cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Mr X, says he was racially abused by staff at a leisure centre and unfairly banned. Mr X wants the Council to lift the suspension and punish the staff involved. Mr X wants to know if staff were warned for gross misconduct.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. Mr X says he was racially abused and harassed in a leisure centre and unfairly banned. He says staff swore at him and the Council ignored the witness statements he provided.
5. The Council says Mr X had booked to use the gym for one hour until 9.50pm. Announcements were made to say the centre was closing at 10pm. Staff spoke to Mr X because he was not packing up and, as he was wearing headphones, they were not sure he had heard the announcements. The Council says Mr X refused to leave until 10pm, threatened to have a fight with a staff member, and then waited outside the gym for 30 minutes. The Council banned Mr X for six months for failing to follow the rules and for disruptive and threatening behaviour. The Council said there had been other occasions when Mr X had been reluctant to leave at closing time. Mr X denies all the allegations and says he told staff he would leave when he had finished his last set
6. Mr X complained and said he was the victim of racial profiling as staff did not approach white customers. He provided witness statements which said staff bullied him. One witness said that he, as a non-white person, was still using the equipment and staff did not speak to him but only to Mr X.
7. The Council spoke to Mr X, considered his witness statements, and spoke to staff who also provided statements. The Council concluded that staff had spoken to Mr X because he was not leaving at the end of his booked session and because it was closing time. It banned him because he threatened staff. It found no evidence to support his allegation of racial harassment or verbal abuse. It was also aware of previous occasions when Mr X had not left promptly.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. We are not an appeal body and it is not my role to comment on Mr X’s conduct, say whether the ban should be lifted, or decide whose version of events is correct.
9. I have considered if the Council properly considered the complaint and Mr X’s appeal against the ban. I see no suggestion of fault. The Council gathered evidence from the people involved, spoke to Mr X and considered conflicting witness statements. There is nothing more I would expect it to do. The fact that the Council did not uphold the complaint does not mean it has done anything wrong.
10. I also will not investigate this complaint because we cannot achieve the outcome Mr X wants. We have no power to tell a council to punish staff and we cannot get the ban lifted. And, even if a council has warned staff for gross-misconduct, that information is confidential and could not be shared with someone outside the employee/employer relationship.

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Final decision

11. I will not investigate this complaint because there is insufficient evidence of fault by the Council and because we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman