Summary: We will not investigate Ms X’s complaint about how staff at a leisure facility dealt with her concerns. This is because there is not enough evidence of fault by the Council and there is insufficient personal injustice to Ms X to warrant our involvement. Additionally, we cannot achieve Ms X’s desired outcome.

The complaint

1. Ms X complained that whilst discussing issues about their membership with staff at the Council’s leisure facility, a leisure centre officer, refused her access and improperly dismissed her concerns. She said they also pulled down a shutter which struck their mobile phone.
2. Ms X said that this caused damage to their mobile phone.

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The Ombudsman’s role and powers

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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained that a leisure centre officer denied her access and was wrong to dismiss her concerns about her membership access. She also said they struck their mobile phone with a shutter when closing it causing damage.
7. The Council investigated the complaint and gave Ms X an explanation for why she could not access the facility at that time. It also said there was no evidence it had damaged her mobile phone.
8. We will not investigate this complaint. Given the Council’s explanation about why it declined Ms X access the facility, it is unlikely we would find fault and any fault there may have been in how she was treated at the facility has not caused her a significant injustice to warrant an investigation.
9. Finally, Ms X wants the Council to replace her mobile phone, and we cannot direct it to do this. It is normal procedure for persons suffering damages or personal injury, where a complainant believed the Council was liable, to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council, there is insufficient personal injustice and the outcome sought by Ms X is not something we can achieve.

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Investigator's decision on behalf of the Ombudsman