Summary: We will not investigate this complaint about the Council’s decision to close one of its pools. This is because an investigation would be unlikely to result in a different outcome for Ms X.

The complaint

1. Ms X complained the Council failed to give proper notice when it closed one of its swimming pools and continued to take her direct debit payments despite her asking it not to.

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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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained the Council failed to give her proper notice it was closing a swimming pool she takes her family to for swimming lessons. She said it failed to properly consider her disability by relocating the lessons to another location. She was also unhappy she had to make an indemnity claim to reclaim her payment for the lessons and the Council delayed responding to her complaint.
6. The Council apologised and explained the pool was closed at short notice due to a fault and lessons were relocated to a location 7 minutes away by car and 20 minutes by foot. The Council told Ms X it could not have cancelled her direct debit due to the short notice. The Council acknowledged the closure affected residents with additional needs and advised it would note this for the future. The Council offered Ms X ten complimentary swimming lessons as a goodwill gesture.
7. Ms X remains unhappy with the Council’s actions; the Ombudsman will not investigate complaints where it cannot make a meaningful difference. The Council has investigated, explained its actions, acknowledged its shortfalls, and offered Ms X complimentary swimming lessons. Ms X has received her money back for the missed lessons and so has not been put to financial loss due to this matter. The Council has responded to her complaint with a proportionate offer. The Ombudsman will not investigate complaint handling where it is not investigating the substantive matters. An investigation would not result in a different outcome for her.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman