Summary: We will not investigate this complaint about noise levels at a leisure centre gym. This is because it is unlikely an investigation would add to the Council’s own investigation.

The complaint

1. Mr B complains that the volume of music is dangerously loud during some exercise classes at a leisure centre operated on the Council’s behalf. Mr B says this is the only gym he can attend with his child due to his child’s age. Mr B says the Council partially upheld his complaint but is not putting in place measures, such as those he has suggested, that will resolve the issue permanently.

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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 an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• there is no worthwhile outcome achievable by our investigation.

(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 B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has provided a detailed response to Mr B’s complaint and has set out the steps it has taken to reduce noise levels. The Council has also said it will continue to monitor noise levels so the revised process is followed consistently. This is because some of the ad hoc instructors had not followed the revised procedures.
6. The Council added this is being addressed with relevant instructors and it will take action if the agreed approach is not being followed.
7. The Council has also explained why it has not implemented each of Mr B’s suggestions, but has advised him to report any further incidents to staff on site.
8. The information indicates the Council has taken Mr B’s concerns seriously and is taking action to reduce noise levels. We would not normally tell a council how to manage such a facility and it is highly unlikely an investigation by the Ombudsman would add to the Council’s own investigation. If needed, Mr B may report further incidents to the Council, but the involvement of the Ombudsman is not justified.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate this complaint because it is highly unlikely an investigation would add to the Council’s own investigation.

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Investigator's decision on behalf of the Ombudsman