Summary: We will not investigate Mrs X’s complaint about the actions of staff at a leisure facility. This is because we could not add to the investigation completed by the Council.

The complaint

1. Mrs X’s child and another child were playing at an outdoor leisure facility. Mrs X complained staff locked the gates when the children were playing there. Mrs X complained staff at the facility are negligent and would like further investigation.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
3. 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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mrs X complained her child had become locked in at a leisure facility run on behalf of the Council. She said her child had entered through the gates and when staff went to lock the gates they did not check if anyone was there, leading to her child becoming locked in.
7. The Council has spoken with the organisation and investigated Mrs X’s complaint. The organisation said when staff went to lock the gates there was nobody playing at the site. The Council said it has found no evidence children were present when staff locked the gates.
8. The Council has apologised for any anxiety and concern for Mrs X. The organisation has said it will update the information signs at the venue. These are appropriate actions in response to the complaint.
9. We will not investigate Mrs X’s complaint as it is unlikely any investigation by us would add to the investigation already completed by the Council.,

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Final decision

10. We will not investigate Mrs X’s complaint because we could not add to the investigation completed by the Council.

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Investigator's decision on behalf of the Ombudsman