Summary: We will not investigate this complaint about how the Council manages access to single sex spaces in its leisure facilities. This is because there is insufficient evidence of fault.

The complaint

1. Ms X says the Council has not properly explained or consulted on how it decides who can use single sex spaces in its leisure facilities. She says this lack of explanation and staff training has left her feeling vulnerable when using single sex spaces.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X asked the Council how it manages access to its single sex leisure spaces. Ms X says the Council’s response was inadequate and failed to explain how it decides who can access these spaces. Ms X says leisure staff are not trained and the Council has not engaged with groups affected by a lack of single sex spaces.
6. The Council says it makes decisions on excluding persons from single sex leisure spaces on a case by case basis taking account of the Equality Act 2010. The Council has provided details of the training provided to leisure staff and the work it does to engage with groups. It has also explained how it receives complaints and actively seeks views from service users and people who do not use it leisure services.
7. I recognise that Ms X is unhappy with the Council’s response. However, there is not enough evidence of fault to justify further investigation. I am satisfied the Council is aware of the requirements for operating single sex spaces as set down in the Equality Act 2010 and the EHRC (Equality and Human Rights Commission) statutory code of practice on services, public functions and associations. There is no evidence to suggest the Council is operating otherwise than in accordance with these requirements.
8. Ms X’s complaint to us refers to a recent Supreme Court judgement which is relevant to her concerns about the use of single sex spaces. But the events in Ms X’s complaint took place before the judgement was handed down. We could not therefore use this as a reason to find fault in the Council’s approach. If Ms X wishes to know how the judgement may have affected the Council’s position she should contact the Council directly.

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Final decision

We will not investigate Ms X’s complaint. There is insufficient evidence of fault by the Council to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman