Summary: We will not investigate this complaint about the Council’s management of an incident that involved Miss X’s child. This is because an investigation would be unlikely to result in a different outcome for Miss X.

The complaint

1. Miss X complained the Council did not respond appropriately to an incident at a local gym which involved her child.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

5. Miss X complained to the Council after an incident involving her child and another customer took place at a local gym. She said the onsite staff responded correctly but the Council’s written response and failure to issue a lifetime ban to the other party left her daughter anxious and upset.
6. The Council investigated and found that whilst appropriate action was taken to address the incident including contacting the police and making a safeguarding referral, it failed to communicate that a ban issued to the customer was temporary. This led to Miss X’s child having another encounter with the customer. The Council acknowledged this was wrong and confirmed the customer had been banned for life from the gym. The Council said it would review any similar incidents on an individual basis.
7. Mrs X wants us to find the Council at fault. The evidence shows the Council has investigated what happened and taken proportionate action. There was a shortfall in service due to a lack of communication on the Council’s part which the Council has acknowledged. The Council has ensured that the issue is unlikely to reoccur, and this is what we would expect it to do. Further investigation would not likely result in a different outcome.

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Final decision

8. We will not investigate Miss X’s complaint because an investigation would be unlikely to result in a different outcome for Miss X.

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Investigator's decision on behalf of the Ombudsman