Summary: We will not investigate this complaint about the Council’s refusal to refund the complainant’s leisure centre membership fees. We are unlikely to find fault in the Council’s actions.

The complaint

1. The complainant, I shall call Mr X, complains the Council failed to give five working days’ notice that direct debits for leisure centre membership would restart in June 2021. He says this is a breach of the direct debit guarantee. He wants a full refund of the four monthly payments which were taken before he realised.

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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
• further investigation would not lead to a different outcome
• there is another body better placed to consider this complaint

(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 copies of the complaints and responses provided by the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s leisure centres were operated by company A. Company A suspended payments for leisure centre memberships during lockdown in 2020.
6. Company B took over the operation of the Council’s leisure centres.
7. In March 2021, company B wrote to leisure centre members. The email states the centres will reopen in April and direct debits will restart in June 2021. I have seen the emails which say company B is the new name for the local leisure facilities.
8. They also say Hounslow leisure centres are reopening. And the Council’s crest and a picture of the leisure centre are included. Therefore I am satisfied it is clear company B is the new operator for the Council’s leisure centre.
9. Further emails were sent to all members including Mr X in April and May.
10. Mr X says the Council has breached the direct debit guarantee because it did not give him five working days’ notice of the direct debit restarting in June.
11. Emails were sent to Mr X in March, April, and May. The email sent in April clearly states the direct debits will restart in June.
12. If Mr X believes the Council and company B have breached the direct debit guarantee, he had the right to make a claim with his bank.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation. Also, Mr X can make a claim with his bank if he believes the direct debit guarantee has been breached.

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Investigator's decision on behalf of the Ombudsman