Overview
The complainant (Mrs C) was banned indefinitely from attending a swimming pool run by South Ayrshire Council (the Council) following an incident with a swimming instructress on 9 December 2004. Her husband, Mr C, pursued a complaint to the Council on her behalf, the outcome of which was delayed by action taken by the Instructress. After giving written assurances, Mrs C's ban was lifted in June 2005.
Specific complaints and conclusions
The complaints from Mrs C that I have investigated are that:
(a) the Council failed to address and properly investigate the complaint made on Mrs C's behalf against the Instructress (not upheld);
(b) the decision to ban Mrs C from the Pool was precipitate and was taken without hearing her account (partially upheld); and
(c) after being informed of the Procurator Fiscal's decision in relation to a report by the instructress, the Council did not re-examine conflicting accounts of members of staff relating to the incident (not upheld).
Redress and recommendation
The Ombudsman recommended that a suitably worded apology be issued in respect of the initial letter sent to Mr C and this was done before this report was published. The Ombudsman also recommended that steps should be taken to avoid a repetition.