Summary: We will not investigate this complaint about the Council requiring Mr X to fulfil the terms of a membership he agreed to. This is because an investigation would be unlikely to find fault.

The complaint

1. Mr X complained the Council did not make the terms of a membership he signed up to clear.

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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 that the terms of a membership he signed up to were not clear.
6. The Council did not uphold his complaint and confirmed he could not have agreed to the membership without first agreeing to the terms and conditions which state the minimum term.
7. Mr X wants us to find the Council at fault. The evidence shows the terms and condition were made available to Mr X at the time of signing up for the membership. An investigation would therefore be unlikely to find fault with 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.

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Investigator's decision on behalf of the Ombudsman