Summary: We will not investigate Mr X’s complaint about the Council’s induction fees at its leisure centre. This is because any personal injustice is not significant enough to warrant an investigation.

The complaint

1. Mr X complained the Council unfairly applies an induction fee to customers who wish to trial the gym at its leisure centre before committing to a membership. The matter caused him frustration. He wants the Council to review its fees.

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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 any injustice is not significant enough to justify our involvement. (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 wanted to purchase a day pass to use the gym at the Council’s leisure centre. Mr X said staff informed him that he would need to complete an induction before he could use the gym. Mr X said in total, he would have to pay approximately £50 to have a single session at the gym which included the cost of the session itself.
6. Mr X complained to the Council. He said its fees were disproportionate and created a financial barrier for people wanting to use its gym. Mr X said other local gyms did not require customers to complete a mandatory induction and charge them for it.
7. The Council responded to Mr X’s complaint. It said it had a duty to protect the health, safety and wellbeing of customers. It explained that all customers must complete an induction before using the gym to identify potential health risks, reduce the risk of injury or medical incidents and familiarise themselves with the gym's layout and operating procedures, even if they have previous gym experience. The Council said it reviewed its fees annually.
8. We will not investigate Mr X's complaint. We recognise Mr X is frustrated by the matter. However, the injustice he has experienced is not significant enough to justify an investigation by us.

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Final decision

9. We will not investigate Mr X’s complaint because any personal injustice is not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman