Summary: Mrs X complained that the Council has failed to fix the leisure centre doors which do not always open automatically for her as a wheelchair user when using the push pad. There was no fault in the Council’s attempts to fix the door. However, the Council does not have an adequate plan in place for how disabled people can access the leisure centre when the doors break. This has resulted in Mrs X having to wait outside on various occasions for a staff member to let her in which has caused distress and frustration. The Council agreed to apologise, make a symbolic payment and review its Equality Impact Assessment (EIA).

The complaint

1. Mrs X complained that the Council has failed to fix the leisure centre doors which do not always open automatically for her as a wheelchair user when using the push pad. This has resulted in Mrs X having to wait outside for a staff member to let her in which has caused distress and frustration.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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

4. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
5. Mrs X and the Council had an opportunity to comment on a draft decision. I considered any comments before making a final decision.

Relevant Law and Guidance

Equality Act 2010

6. The Equality Act 2010 provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It offers protection, in employment, education, the provision of goods and services, housing, transport and the carrying out of public functions.
7. The Equality Act makes it unlawful for organisations carrying out public functions to discriminate on any of the nine protected characteristics listed in the Equality Act 2010. They must also have regard to the general duties aimed at eliminating discrimination under the Public Sector Equality Duty.
8. One of the ‘protected characteristics’ referred to in the Act is disability.

Public Sector Equality Duty

9. The Public Sector Equality Duty requires all local authorities (and bodies acting on their behalf) to have due regard to the need to:

• eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010;
• advance equality of opportunity between people who share a protected characteristic and those who do not; and
• foster good relations between people who share a protected characteristic and those who do not.

10. The broad purpose of the Public Sector Equality Duty is to consider equality and good relations into the day-to-day business and decision making of public authorities. It requires equality considerations to be reflected into the design of policies and the delivery of services, including internal policies, and for these issues to be kept under review.

Equality Impact Assessment

11. An Equality Impact Assessment (EIA) is a tool that helps ensure decisions, practices and policies within organisations are fair and do not discriminate against any protected group. The process usually includes filling out an Equality Impact Assessment template which is unique to an organisation. Employees are required to fill out the form by considering the impact on different groups of people, with key categories to consider listed. If there is an ‘adverse impact’ on any group, the Council should consider how to reduce this.

What happened

12. Mrs X is a wheelchair user who attends and uses the leisure centre on a weekly basis. In December 2023, Mrs X complained to the Council that the automatic doors to the leisure centre were not working. The Council responded the same month saying it had instructed external engineers to investigate the doors and they had not found any fault. The Council advised others had also reported this issue and it believed there was an intermittent fault. The Council proposed to replace all four push pads which open the doors in January 2024.
13. Mrs X escalated her complaint and the Council provided a stage two complaint at the end of January 2024. The Council agreed to the following:
• Test the doors with a wheelchair to ensure wheelchair users can go through when it installs the push pads.
• Staff to look out and support people with disabilities getting into the building.
• Carry out an EIA regarding access to the leisure centre given the problems with doors and identify how it can further support people with disabilities to use this
14. Mrs X remained dissatisfied with the Council’s handling of the matter and complained to us. Mrs X told us as of January 2025 there was still an ongoing intermittent fault with the door and the Council had still not replaced the push pads. Mrs X advised there are two sets of automatic doors to get into the leisure centre and it is the external doors that are broken. She said, because there are two sets of doors she has to bang on the glass to get the attention of staff to let her in. Mrs X said sometimes staff members are busy or do not see and hear her so she is left waiting to get in. Mrs X also said she occasionally gets trapped between the two sets of doors on her way out due to the external doors not working.

Council’s response to our queries

15. The Council says it has reviewed and fixed the leisure centre doors as appropriate for the past two years. Records show it replaced all the push pads in January 2024. The Council provided evidence that between April 2022-November 2024 it has fixed the doors over 30 times.
16. The Council has provided the EIA it completed in relation to the doors. The EIA said ongoing maintenance issues means people could be left unable to access the building causing frustration, embarrassment and upset. It also said the doors only open in the direction of travel. This means people who need to use the push pad can become stuck and unable to get through if the second set of doors do not open when the button is pressed, but also unable to go backout the first set of doors. However, in the event of the push pad not working a member of staff is available to assist wheelchair users if necessary and staff know to be mindful of this.

My findings

Failure to fix the doors

17. Mrs X complained in December 2023 that the leisure centre doors were not working properly. The Council agreed to replace the push pads but Mrs X said the Council never did this. However, the Council has provided an invoice showing it replaced all push pads in January 2024. The evidence shows since Mrs X complained the Council has fixed the doors 13 times. The Council has made reasonable attempts to fix the doors and therefore is not at fault.

Equality Impact Assessment

18. The Council has had to fix the doors on 30 occasions since 2022 and 13 times since Mrs X complained at the end of 2023, therefore this is not a minor intermittent problem. Mrs X has raised when the external automatic doors are broken, she can struggle to get a staff member’s attention to let her in meaning she is left waiting outside. The Council agreed to carry out an Equality Impact Assessment to consider how it could further support disabled people to access the leisure centre besides staff looking out for those requiring assistance. Mrs X is disabled (a protected characteristic) so the requirements of the PSED apply. The Council has a duty to ensure it reflects equality considerations in the design of policies and the delivery of services, and to keep these issues under review. However, the Council has failed to consider any support beyond the vigilance of staff which was fault. This has caused Mrs X distress, frustration and uncertainty about accessing the leisure centre.
19. It is not acceptable that people who have a disability have to wait significantly longer to access the leisure centre than those without a disability. Given the frequency of the issue we would expect the Council to consider what other action it could take to support disabled people further. This could include ensuring the external doors are propped open when they are broken or installing a doorbell to aid getting staff attention.

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Action

20. Within one month of the final decision, the Council has agreed to take the following action:
1. Apologise to Mrs X for the distress, frustration and uncertainty caused by the Council’s inadequate Equality Impact Assessment. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended.
2. Pay Mrs X £200 to recognise the distress, frustration and uncertainty caused.
3. Review the Equality Impact Assessment to consider how it can support disabled people to access the leisure centre when the external doors are not working and carry out any actions it has identified.
21. The Council should provide us with evidence it has complied with the above actions.

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Decision

22. I find fault causing injustice. The Council has agreed to my recommendations to remedy the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman