Summary: We will not investigate this complaint about a delay in concluding an investigation into breaches of health and safety legislation at a gym. We consider that further investigation by us now will not lead to a different outcome.

The complaint

1. Mr X complains the Council has failed to progress an investigation into health and safety concerns he raised at a local gym.

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The Ombudsman’s role and powers

2. 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 further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X reported breaches of health and safety legislation at his local gym. The Council considered the matter and decided not to take and action.
6. Following his complaint the Council decided to reopen the investigation and told Mr X it would keep him informed.
7. The council has sent Mr X at least two updates. In response to my enquiries it confirms there is an ongoing open investigation.

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Final decision

8. We will not investigate Mr X’s complaint. I understand his concerns at the length of time it is taking to resolve his concerns. However as there is an ongoing investigation we do not consider that an Ombudsman investigation at this time would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman