Eastbourne Borough Council (24 018 081)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 14 Feb 2025
The Ombudsman's final decision:
Summary: We cannot investigate Mr and Mrs X’s complaint about the Council’s decision-making in relation to the partial closure of a leisure facility. This is because it is a decision taken by the Council that affects all or most of the people in the Council’s area.
The complaint
- Mr and Mrs X were unhappy with the Council’s proposal to close part of a leisure facility. They did not accept the Council’s explanations and say this will affect all residents who use the facility.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
How I considered this complaint
- I considered information provided by Mr and Mrs X and I considered the Ombudsman’s Assessment Code.
My assessment
- Mr and Mrs X said they were unhappy with the decision the Council took in relation to closure of part of a leisure facility. They said it was unnecessary and did not properly take account of those who would be most affected.
- The Council provided a response which detailed how it had carried out a public consultation and made this available to residents to contribute. It also explained the Council’s Cabinet took the decision and explained the governance arrangements that underpinned the decision. It said it had to reduce the scale of the facility to save costs, which was a discretionary service, and it did this to ensure it could still provide other statutory services.
- On balance, it is my opinion therefore, that these were decisions that would affect all or most of the people living in the Council’s area, who are charged council tax and are in receipt of the Council’s services. Consequently, the law does not allow us to investigate this complaint.
Final decision
- We cannot investigate Mr and Mrs X’s complaint because it is outside of our jurisdiction.
Investigator's decision on behalf of the Ombudsman