The Ombudsman's final decision
Summary: We will not investigate this complaint about the decision to revoke Mr X’s membership to a Council leisure centre. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the Council treated him unfairly by revoking his membership at a leisure centre.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained about the Council’s decision to terminate his membership at a leisure centre. He said the Council discriminated against him by not acknowledging his version of events.
The Council said it had received numerous complaints about Mr X’s conduct and after reviewing CCTV footage it had decided to revoke his membership in line with its terms and conditions. The Council said it would review the decision after 12 months.
Mr X wants us to find the Council at fault. The evidence shows the Council has provided clear reasons for its decision and cited its terms and conditions correctly. The Council is entitled to decide to revoke a membership and there is no evidence of fault in its decision-making process. An investigation would therefore 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