Summary: We will not investigate this complaint about the Council’s failure to properly investigate an incident that took place involving Mrs X’s child at a local leisure centre. This is because an investigation would not result in a different outcome.

The complaint

1. Mrs X complained about the Council’s investigation of an incident that took place involving her child at a local leisure centre.

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

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My assessment

5. Mrs X complained to the Council after an incident that took place involving her child at a local leisure centre.
6. The Council apologised and offered to review CCTV footage of the incident.
   Mrs X was unhappy with the Council’s response and chose to escalate the complaint.
7. The Council said in its final response that the CCTV footage was no longer available. The Council provided information regarding the staff training and staff to pupil ratio, then investigated what happened and implemented re training for the staff members involved. The Council also confirmed it would consider installing additional panic alarms. The Council offered to meet with Mrs X to discuss how it could help her to feel more comfortable with returning to the location.
8. Mrs X remains unhappy with what happened and wants us to find the Council at fault. It is unfortunate the Council was unable to retain the CCTV footage however it is customary for data to be deleted after 30 days in line with GDPR requirements. The evidence shows the Council has investigated Mrs X’s complaint and taken steps to minimise the likelihood of this issue happening again. Mrs X was likely put to distress and upset by the situation; the Council has responded proportionately and in line with what we would expect. An investigation would be unlikely to result in a different outcome.

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Final decision

9. We will not investigate Mrs X’s complaint because an investigation would not result in a different outcome.

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Investigator's decision on behalf of the Ombudsman