Summary: We will not investigate Mr X’s complaint about the conduct of a staff member at its leisure centre. This is because a further investigation would not lead to a different outcome and we could not add to the previous investigation.

The complaint

1. Mr X complained a staff member at the Council’s leisure centre was abusive and rude towards him. He said the matter caused him distress. He wants the Council to provide him 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, or
• further investigation would not lead to a different outcome.

(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’s child attends a class at the Council’s leisure centre. The leisure centre has a barrier at the entrance. People can either scan their membership card or app to enter through the barrier or they can ask the reception staff to release the barrier. The reception staff will release the barrier once the parent/guardian has confirmed the child’s details.
6. Mr X went to the leisure centre to collect his child. Mr X said he asked the reception staff to release the barrier. He said the staff member in response to his request, shouted at him and used abusive language towards him. Mr X complained to the Council.
7. The Council investigated Mr X’s complaint and in response, the Council:
• said it had reviewed its CCTV footage from the day of the incident. It was not able to determine what exactly was said because the CCTV footage had no audio and there were no independent witness statements supporting Mr X’s account;
• informed Mr X it had investigated the conduct of the staff member in question through its internal procedures and taken appropriate action, although it could not disclose the outcome for confidentiality reasons; and
• apologised to Mr X for the distress the matter had caused him.
8. We are unlikely to be able to obtain additional evidence beyond what has already been considered. Subsequently, a further investigation would not lead to a different outcome. In any case, the Council has taken appropriate action to address the matter and apologised to Mr X. This was appropriate and what we would expect it to do. We could therefore not add to its investigation.

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Final decision

9. We will not investigate Mr X’s complaint because a further investigation would not lead to a different outcome and we could not add to the previous investigation.

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Investigator's decision on behalf of the Ombudsman