Summary: Ms X complained the Council closed part of the leisure centre to be used during the election. She said this caused her to miss fitness classes which she had already paid for as part of her membership. The Council is not at fault. It has legal powers to use public buildings for election purposes and advertised the temporary closures in advance.

The complaint

1. Ms X complained the Council closed part of the leisure centre to use for the election. She said this caused her to miss fitness classes which she had already paid for as part of her membership. Ms X would like the Council to extend her membership to make up for the lost provision.

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The Ombudsman’s role and powers

2. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

3. As part of the investigation I have considered the following:
• The complaint and the documents provided by the complainant.
• Documents provided by the Council and its comments in response to my enquiries.
4. The Local Elections (Principal Areas) (England and Wales) Rules 2006 (the rules) and guidance (the guidance) published by the Electoral Commission.
5. Ms X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant legislation

6. The Electoral Commission has published guidance for the good administration of elections in England. These support the rules for elections.
7. The guidance and the rules explain a council may use a room in a publicly funded school or academy for the use of a polling station or counting votes. It may also use any publicly funded room.

What happened

8. I have summarised below the key events; this is not intended to be a detailed account.
9. Ms X has membership at her local Council run leisure centre. She pays a monthly direct debit.
10. The membership gives access to several facilities within the leisure centre, for example, gym, swimming pool and fitness classes. It also gives access to other leisure centres in the area.
11. Membership is subject to terms and conditions which say activities are subject to availability. The Council also reserves the right to update and amend the terms and conditions at any time.
12. Ms X told me attends three or four pilates and yoga classes each week at her local leisure centre.
13. Ms X said the Council closed the leisure centre for between one and two weeks over the election period in May 2024. She said she missed around eight classes during this time.
14. Ms X said she did not know the leisure centre had cancelled the classes. She said she tried to book online and the service was not available. Ms X said she tried telephoning the leisure centre and there was no answer. She said she had to go into the leisure centre to speak to staff to find out the classes were cancelled. She said she does not remember seeing any posters advertising the cancellations in the leisure centre.
15. Ms X said this happens at every election and she loses value from her membership. She thinks the Council should offer a refund or extend her membership to cover the period the leisure centre is closed. She said it is not right that a public building is closed to the public. The Council should find an alternative venue.
16. Ms X complained to the Council. In its response, it explained the Council must hold elections by law. As the Council owns the leisure centre, it can use the facilities for purpose of running the election. It said it had briefed staff about the disruption to services and told them to tell customers. It said the leisure centre displayed notices around the building and on its website and social media. It suspended the online booking facility for classes.

The Council’s response to my enquiries

17. I asked the Council how long it closed the leisure centre and what classes were cancelled during the 2024 election. It said the sports hall and dance studio closed all day on Wednesday 1, Thursday 2, and Friday 3 May, the rest of the leisure centre remained open. It closed the whole leisure centre on the day of the election (Thursday 2 May) from 6pm. It closed half the sports hall on Saturday 4 May and Sunday 5 May.
18. In response to my enquiries, the Council confirmed its earlier complaint response to Ms X and said it displayed posters and flyers in the leisure centre, advertising which parts of the centre were closed and when. It also advertised this on Facebook, its website and telephone messages.
19. The Council said the leisure centre holds yoga and pilates classes on Mondays, Tuesdays and Fridays. The only class that was affected by the closure over the election was on the Friday morning. The leisure centre was completely closed for one day. On the days of the part closure, some facilities were still available. Other leisure centres within the area remained open and accessible to Ms X during the election period.
20. The Council said it has not received any formal complaints about the closure of the leisure centre.

Analysis

21. The Council has a legal responsibility to run elections and the legislation allows it to use public buildings for this purpose. The Council working group discusses the impact of making public buildings available for democratic functions before deciding to use them. I am satisfied the Council properly considered the matter before using its power to use the building for the election. It is not at fault.
22. The terms and conditions of membership explain the facilities and activities are subject to availability. The classes are not available during the election period, I am satisfied the terms and conditions allow this. It is not at fault.
23. I am satisfied the Council advertised the temporary closure of the leisure centre to its members and the public before the closures. It is not at fault.
24. In conversation with me, Ms X said the leisure centre closes at every election. It follows that she was aware some of her classes would not be available during this time, even if she had not seen the advertisements about the centre being closed.
25. Ms X said she attends yoga and pilates classes every week. She said she missed two weeks of classes, eight in total. Considering the information provided by the Council above, there was only one class affected by the closure due to the election. I do not consider this to be significant.

Summary

26. The Council has a legal responsibility to run elections and has authority to use public buildings for this purpose. I am satisfied the Council provided notice of the closure of the leisure centre and its terms and conditions allows it to do so. It is not at fault.

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Final decision

27. I have completed my investigation. The Council is not at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman