Summary: We will not investigate Mr X’s complaint about comments made by staff at the Council’s leisure centre in relation to his disability. This is because the Council took appropriate action. We could not add to its investigation.

The complaint

1. Mr X complained staff at a Council leisure centre he attends, made inappropriate comments in relation to his disability. Mr X said the matter caused him anxiety and distress. Mr X also complained the Council poorly managed his complaint. He wants the Council to provide him with a financial remedy. He also wants the Council to provide him with a free membership at the 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 (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 said he attended the leisure centre with his friend and presented to the receptionist his disability card to show he was eligible for a free gym pass. The card itself shows the disability Mr X has. Upon doing so, Mr X said the receptionist asked questions about his disability. Mr X said he felt uncomfortable and he did not want to discuss his disability in a public space. Mr X said since the incident, he has not felt comfortable attending the leisure centre.
6. In response to Mr X’s complaint, the Council said it had spoken with the reception staff. Although it was unable to establish the wording used, it:
• apologised to Mr X for the injustice it had caused him; and
• informed Mr X it had arranged for reception staff to attend additional training in relation to equality and diversity.
7. We will not investigate Mr X’s complaint. This is because the Council took appropriate action following his complaint. We could not add to its investigation.
8. As we are not investigating the substantive matter, we will also not investigate how the Council managed Mr X’s complaint as it would not be a good use of public funds to do so.

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Final decision

9. We will not investigate Mr X’s complaint because we could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman