Summary: We will not investigate this complaint about the Council’s decision to exclude Mr X from a leisure facility. There is not enough evidence the Council’s actions have caused Mr X a significant injustice that would warrant carrying out an investigation.

The complaint

1. Mr X said the Council were wrong to exclude him from attending one of its leisure facilities following an incident. He said he was not given the opportunity to argue the facts with other information he had. Mr X said because he is not able to use this facility, his health will deteriorate, and he will not be able to socialise.

Back to top

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 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 continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X was unhappy with the decision made by the staff at the Council run leisure facility. He said the staff were lying and he had evidence to support his views. The Council replied and said it had carried out an investigation. It also made an offer that Mr X could move his membership to its other leisure facilities elsewhere.
6. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because there is no significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman