Source · LGO (Local Government & Social Care Ombudsman)

North Yorkshire County Council

LGO (Local Government & Social Care Ombudsman) Other Reference 22-004-566 Sector Other Categories Category Leisure And Culture Decided 28 July 2022

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about how the Council managed a health scheme. This is because we could not add to the investigation carried out by the Council.

The complaint

The complainant, who I will call Mr X, complains about a delay in arranging a free gym pass under a council funded scheme. Mr X says the delay impacted his physical health which in turn affected his mental health.

The Ombudsman’s role and powers

The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

How I considered this complaint

I considered information provided by the complainant and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

The Council fund a programme to aid people who meet certain criteria to lose weight. The programme consists of a free structured 12 week programme, if participants lose their target weight they are then eligible for a further 12 week programme.

Mr X started the programme in May 2021, but because of restrictions to control the spread of COVID-19 his fitness sessions were held virtually rather than in a gym. In mid-July, Mr X had completed the first 12 weeks of the programme and met his weight goals so was eligible for a further 12 weeks of support. As restrictions had been lifted, he asked for sessions to be held in a local gym rather than online, but initially his request was refused. However, in late-August, this decision was reversed, and he was told he could attend a gym to complete the rest of the programme.

I will not investigate this complaint because we could not add anything to the investigation already carried out by the Council. Whilst the Council accept there was a delay in agreeing to Mr X’s request to attend a gym to complete the programme, Mr X did have access to virtual sessions during this period which appear to have previously helped him in loosing weight. For this reason, I do not consider that we could conclude with any certainty that the medical problems Mr X subsequently suffered were attributable to the actions of the Council.

Final decision

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

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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