The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a Council leisure centre’s change in booking system. This is because the events complained about took place more than 12 months ago. It would have been reasonable for Mr X to complain at the time. In addition, even if we did exercise discretion to investigate, we would be unlikely to find fault.
The complaint
Mr X complained about changes made to a Council leisure centre’s booking system that have affected his child’s ability to play sports.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 a change to the Council leisure centre’s booking system. He said the change affected his child’s ability to play sports.
The Council did not uphold the complaint and advised a letter was sent in 2023 giving Mr X notice of the changes and providing the option to upgrade his membership or cancel.
The Ombudsman will not usually exercise discretion to investigate matters which took place more than 12 months ago unless there are good reasons to do so. In this case the changes Mr X are complaining about took place several years ago; it would have been reasonable for him to refer the matter to us sooner.
In addition, as Mr X was given notice of the changes and options to cancel the membership, an investigation would be unlikely to find fault with the Council even if we did exercise discretion.
Final decision
We will not investigate Mr X’s complaint because the events complained about took place more than 12 months ago; it would have been reasonable for Mr X to complain at the time. In addition, there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman