The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to increase membership fees at Mr X’s gym. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained about the Council’s decision to increase membership fees at his local gym.
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))
How I considered this complaint
I considered information provided by the Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council after receiving notification it was increasing the price of his gym membership. The Council’s gym terms and conditions state it can increase the fees it charges provided it gives 14 days’ notice.
Mr X said other residents in his borough would not be affected by the change and he wanted the Council to return to its previous pricing. The Council explained it was unable to revise its membership pricing but outlined Mr X’s options.
Mr X wants us to find the Council at fault. The Council has acted in line with the contract Mr X agreed to. An investigation would be unlikely to find fault with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman