Summary: We will not investigate this complaint about the changes made to Mr X’s gym membership. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council has changed his gym membership package to one that does not reflect the original contract he agreed 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 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 the Council has changed his gym membership package and he is no longer able to enjoy certain activities for free as he did with his original membership.
6. The Council explained the leisure centre Mr X uses has changed operators and the terms of his original contract therefore no longer apply.
7. Mr X is unhappy with the Council’s actions. The evidence shows the operator Mr X entered into a contract with is no longer responsible for this leisure center. The Council is therefore unable to honour the terms of his original agreement. An investigation would be unlikely to find 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