The Ombudsman's final decision
Summary: We will not investigate this complaint about swimming sessions at a council leisure centre. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The injustice to Mr X is not significant enough and it is unlikely we could add anything to the Council’s response.
The complaint
The complainant, whom I shall refer to as Mr X, complained about information on the Council’s website about adult only swimming sessions. Mr X said the information was not clear and staff at the leisure centre did not know what was happening. Mr X was also unhappy the number of lanes available changed during a session and that he needed to request a refund in writing.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Background
Mr X complained to the Council when his usual adult only swimming session had less lanes available than usual. Part of the pool was also available for aerobics. Mr X said staff did not know what was happening and the information on the website was misleading. Staff refused Mr X’s request for a refund unless he asked for it in wring. Mr X said in another session described as ‘Large Pool Public Swim’ a lane was changed mid-session for use by children. Staff could not say if the pool would be used for things other than lane swimming. Mr X said this meant he could not book sessions with confidence.
In its final response to Mr X’s complaint the Council said: It had updated the booking system to show the minimum number of lanes available.
A particular ‘session’ such as ‘Adults Only’ did not mean exclusive use of the whole pool.
Because of the lack of clarity when Mr X originally booked a session the Council upheld this part of his complaint.
It was sorry staff did not know what was happening poolside Refunds were only given if there were good reasons and it was an audit requirement to have a written record.
It had offered Mr X a refund or credit against a future swimming session.
Assessment While I understand Mr X’s frustrations, we will not start an investigation into his complaint.
We do not have the resources to investigate all the complaints we receive. We only look at the most serious.
The injustice to Mr X from the matter complained about is not significant enough to warrant an investigation.
Also, it is unlikely we could add anything to the Council’s response of an apology, changes to its booking system and a refund / credit. It is not for us to say what process the leisure centre should operate for refunds. We could not therefore achieve anything more.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of significant personal injustice. It is also unlikely we could add anything to the response Mr X has already received.
Investigator's decision on behalf of the Ombudsman