The Ombudsman's final decision
Summary: We will not investigate this complaint about the quality of the exercise classes at Mr X’s local leisure centre. This is because the complaint is late and there is no good reason to exercise discretion to investigate.
The complaint
Mr X complained about the quality of the exercise classes at his local leisure centre.
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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 any injustice is not significant enough to justify our involvement. (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 quality of the exercise classes at his local leisure centre. He said the equipment was not fit for purpose and the instructors were inconsistent. He said he had been complaining for 16 months.
The Council did not uphold all of Mr X’s complaint but agreed that there were some areas of the classes that could be improved.
Mr X wants us to find the Council at fault. The Ombudsman will not usually exercise discretion to investigate late complaints unless there are good reasons to do so. The events complained about have been known to Mr X for over 12 months. It would have been reasonable for him to bring the complaint to us sooner. Even if we did exercise discretion to investigate, the injustice sustained due to this matter is not significant enough to warrant investigation.
Final decision
We will not investigate Mr X’s complaint because the complaint is late and there is no good reason to exercise discretion to investigate.
Investigator's decision on behalf of the Ombudsman