Summary: We will not investigate this complaint about the Council’s enforcement of its membership and freeze policies. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council would not agree to waive its policy of requiring leisure centre members to have a 6-month minimum membership. He also complained about its policy of applying a fee for a membership freeze.

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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 there is not enough evidence of fault to justify investigating. (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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained after he tried to cancel his leisure centre membership and the Council told him he was required to adhere to its 6-month minimum membership policy. He also complained the Council charge a fee for freezing his membership.
6. The Council provided Mr X with the email sent to him outlining the terms and conditions of his membership and directed him to its website, which also featured this information. The Council said along with the email it discussed the terms and conditions of the membership with him in person.
7. Mr X wants us to find the Council at fault. The evidence shows the Council sent Mr X the terms and conditions associated with his membership, and feature this information on its website. Mr X continued with the membership and did not cancel within the cooling off period. The information regarding the Council’s policy on charging for a membership freeze is also readily available on the Council’s website. There is no evidence of fault in the Council’s actions; the Council is entitled to enforce its policies. An investigation into this matter would be unlikely to result in finding fault with the Council’s actions.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman