Calderdale Metropolitan Borough Council (24 016 165)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 07 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to suspend Mr X’s membership at a leisure facility. There is not enough evidence of fault in the Council’s decision making.
The complaint
- Mr X complained because the Council refused to temporarily suspend his membership at a leisure facility after he asked it to. Mr X said because the Council asked for further information about his reasons, this left him feeling insulted.
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 I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X asked the Council to temporarily suspend his membership at a leisure facility, saying this was because he was not going to be able to use it for several months. Mr X gave a reason why he was asking the Council to do this.
- The Council acknowledged Mr X’s request and asked him to provide it with additional information supporting his request. Mr X declined saying the Council’s request was unnecessary.
- The Council then highlighted the relevant section on Mr X’s recent application for membership, that allowed it to request this information, to decide whether it agreed to a temporary suspension. It also offered to meet Mr X to take his information, if he wants to provide it in the future.
- We will not investigate Mr X’s complaint. Whilst I can understand Mr X’s may be reluctant to provide the information the Council has asked for, there is not enough evidence of fault in the Council’s decision to place this as a condition within its terms for membership and then follow those terms in Mr X’s case.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman