The Ombudsman's final decision
Summary: We will not investigate this complaint about a leisure centre gym being too hot. This is because we have decided any injustice is not significant enough to justify our involvement.
The complaint
Mrs B complains the Council failed to install an adequate air conditioning system when it refurbished her local leisure centre gym. Mrs B says she cannot use this gym safely due to the high temperature. Mrs B would like the Council to install a proper air conditioning system which can cope with hot conditions.
The Ombudsman’s role and powers
People may complain to us about injustice caused by: ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or the actions of an organisation in connection with privately arranged adult social care.
(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).
We provide a free service but must use public money carefully. We do not start an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
How I considered this complaint
I considered information provided by Mrs B.
I considered the Ombudsman’s Assessment Code.
My assessment
The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
I recognise the temperature at the leisure centre has affected Mrs B, but this is not significant enough to warrant us investigating. Mrs B may choose to join another gym and she has told the Council she intends to do this.
Final decision
We will not investigate this complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman