The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision to temporarily ban her family from its leisure facility. There is insufficient evidence of fault to justify investigating.
The complaint
Ms X complains the Council unjustly banned her family from visiting its leisure facility. She feels its investigation was biased.
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 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended).
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 said it reviewed available evidence and found Ms X had been using its facility for unintended purposes. It said she had used the badminton court for non-family coaching when it had been booked under a casual court booking. It also reviewed evidence Ms X had provided and witness statements about an altercation on court. It found Ms X had displayed unacceptable behaviour towards its staff.
I appreciate Ms X is unhappy, however the leisure facility’s published policy on such matters is clear. It states its facilities must only be used for the agreed purpose on the booking form. And that it reserves the right to ask members to leave if it finds their behaviour unacceptable. Based on the evidence I have seen, I am satisfied the Council acted in accordance with its published policy to impose the ban. Therefore, I will not investigate this complaint as there is insufficient evidence of fault to justify investigating.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman