Summary: We will not investigate Mrs X’s complaint about the conduct of staff at the Council’s leisure centre. This is because we could not add to the Council’s investigation.

The complaint

1. Mrs X complained on behalf of her husband, Mr X, about the conduct of a staff member at the Council’s leisure centre. The matter caused Mr X distress. Mrs X wants the Council to provide Mr X with a financial remedy for the injustice caused.

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

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My assessment

5. Mr X is a member of the Council’s leisure centre.
6. Mr X attended the leisure centre to use the swimming facilities. He said upon arrival, staff told him the cubicle in the changing area was not available due to an incident which had occurred that staff were attending to.
7. Following Mr X’s swimming session, he entered the changing area again. He asked a staff member if the cubicle was available to use. He said the staff member shouted at him and told him to get out. Mr X went to use the shower facilities. He said the staff member followed him towards the shower facilities and told him to get out. Mr X said the staff member used other inappropriate language towards him.
8. Mr X left the leisure centre. Shortly after, Mrs X called the leisure centre and spoke with the staff member involved in the incident. She said the staff member was unhelpful and rude.
9. Mrs X complained to the Council. She said her husband had mental health needs and the incident had affected his health further.
10. The Council investigated Mrs X’s complaint. In its response it:
• explained that at the time of the incident, the staff member in question was providing first aid to another customer and was under stress. The customer had vomited in several parts of the changing area including the shower which Mr X wanted to occupy. The staff member did not want Mr X to use the shower due to risk of infection;
• explained the staff member was not in the position to take the phone call shortly after the incident;
• accepted the staff member could have managed the situation better and behaved better. It said the staff member was due to carry out a course in conflict resolution which would support them in their role; and
• apologised to Mr and Mrs X for the distress caused.
11. We will not investigate Mrs X’s complaint. The Council already investigated what happened, spoke to the staff member involved and provided a clear explanation of the circumstances. It accepted the staff member could have handled the situation better, apologised for the distress caused and identified action to address the issue by arranging conflict resolution training. This was appropriate and what we would expect the Council to do. We could therefore not add to its investigation.

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Final decision

12. We will not investigate Mrs 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