Summary: We will not investigate this complaint about leisure centre membership charges. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains about how much the Council charged him for his leisure centre membership. Mr X previously paid a concessionary rate and is unhappy the discount did not automatically continue when he turned sixty. Mr X says the Council has overcharged him £105 and wants this refunding.

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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 the complainant and the Ombudsman’s Assessment Code.

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My assessment

4. In its response to Mr X’s complaint the Council explained he previously paid a concessionary rate due to the evidence of entitlement he provided. The Council explained its terms and conditions require members to send eligibility documents every six months to continue to receive the concessionary rate. Members are also required to tell the Council of any change in circumstance - such as turning sixty. Because Mr X did not do either of these things, his membership reverted to the normal rate. The Council could not therefore give him a refund for the period Mr X did not receive the concessionary rate.
5. I understand Mr X is unhappy with the extra amount he paid. But the Council is simply applying its published terms and conditions to his situation. It is not for us to say how councils should operate facilities such as leisure centres, or what terms and conditions should apply to the memberships they offer. The Council has considered Mr X’s request for a refund and decided not to issue one. This is a decision the Council is entitled to take. Because there is no evidence of fault by the Council, we will not start an investigation.

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Final decision

6. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman