Eastbourne Borough Council (24 017 517)

Category : Other Categories > Leisure and culture

Decision : Closed after initial enquiries

Decision date : 24 Feb 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a Council public consultation exercise. Three is insufficient injustice to warrant our involvement and we could not achieve what Ms X wants.

The complaint

  1. Ms X complains a public consultation which proposed reducing facilities at a local leisure centre was flawed. She says the closure of the facilities will negatively impact her and her family. She wants the Council to either agree to maintain the current facilities or carry out a new consultation.

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The Ombudsman’s role and powers

  1. 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, or
  • we cannot achieve the outcome someone wants.

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

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In 2024, the Council carried out a public consultation to gather residents views on a variety of proposed cost saving measures. This included a proposal to reduce the facilities at a local leisure centre.
  2. Ms X says the consultation was flawed and unlawful, as it referred to one of the facilities at the leisure centre by the wrong name.
  3. We will not investigate this complaint. Despite the typing error, the consultation document clearly set out the Council’s rationale for proposing cost saving measures. It set out the options it was considering for the future of the leisure centre and invited residents views and comments. I do not consider the typing error significantly impacted on residents’ ability to understand or respond to the Council’s proposals. Ms X was aware of the consultation and able to submit her views. There is insufficient injustice to warrant our involvement.
  4. It is for the Council to decide how to allocate its available budget, following consideration of the consultation results. We could not direct it to maintain the current facilities and so could not achieve what Ms X wants.

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Final decision

  1. We will not investigate Ms X’s complaint because there is insufficient injustice to warrant our involvement and we could not achieve what Ms X wants.

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Investigator's decision on behalf of the Ombudsman

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