Summary: We will not investigate Miss X’s complaint about the Council refusing to refund the cost of swimming lessons. This is because it is unlikely we could add anything to the Council’s response. It is also reasonable for Miss X to take the matter to court.

The complaint

1. Miss X complained the Council will not refund the cost of swimming lessons taken by her son between January and July 2023. Miss X is unhappy with the quality of the lessons and says her son has not progressed as expected. Miss X says the Council is in breach of the Consumer Rights Act.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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What I found

Background

6. In its responses to Miss X the Council has said there has been a shortage of staff leading to it using different instructors. It said children progress at different rates and Miss X’s son had not progressed as quickly as others. It had made the swimming co-ordinator aware of Miss X’s concerns. They would make sure Miss X’s son was aware of what he should be doing in lessons. No refund was due as Miss X’s son had received the swimming lessons she had paid for.

Assessment

7. We do not investigate all the complaints we receive. We only look at the most serious cases. In deciding whether to investigate we consider various tests. These include the likelihood of finding fault and what we could achieve by investigating.
8. I understand Miss X’s frustrations, but we will not start an investigation. This is because our role is to look for administrative fault. We could never say the lack of progress by Miss X’s son was due to an issue with the swimming lessons. As the Council has said, children do progress at different rates. So, if we investigated, we could not recommend the Council refund what Miss X has paid.
9. Miss X’s argument the Council has breached the Consumer Rights Act is a matter of law. It is not for the Ombudsman but is a matter for the courts. The small claims process is not expensive or complicated and could give Miss X the outcome she wants. An investigation by the Ombudsman would not. It is therefore reasonable for Miss X to take the matter to court.

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Final decision

10. We will not investigate Miss X’s complaint. We could not add anything to the Council’s response, and it is reasonable for Miss X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman