The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with an incident at a leisure centre. Further investigation would not lead to a different outcome.
The complaint
Mr X complained the Council was negligent after an incident with another customer at a leisure centre. He said the incident had left him traumatised. He wants compensation for what happened.
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, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s the Council was negligent after an incident with another customer at a leisure centre. The Council confirmed it investigated what had happened by reviewing CCTV and speaking to staff. It confirmed it had given the other customer a verbal warning for their behaviour. It said it would also monitor the other customer closely. It recommended Mr X contact the Police if he feared for his safety.
The Council investigated what happened and took appropriate action following the incident. There is not enough evidence of fault in how the Council dealt with the matter. I appreciate Mr X wants financial compensation, but that is not a recommendation we would make. Therefore, further investigation would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman