Summary: We will not investigate this complaint about the Council’s policy for single sex changing rooms at a leisure centre. This is because further investigation would not lead to a different outcome, and we cannot achieve the outcome Ms X wants.

The complaint

1. Ms X complained the Council did not change its policy for single sex changing rooms in leisure centres following the UK Supreme Court’s ruling in April 2025.
2. Ms X also says that this means that she is reluctant to use the changing rooms and toilet when visiting the leisure centre.

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The Ombudsman’s role and powers

3. 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:
• further investigation would not lead to a different outcome, or

• we cannot achieve the outcome someone wants, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council responded to Ms X’s complaint to say that it was following UK Active’s advice to manage each case affected by the UK Supreme Court’s ruling sensitively and respectfully until new guidance is available. It also said the organisation providing its leisure facilities had set up a working group to consider the implications of the ruling.
7. The Equality and Human Rights Commission (EHRC) has not yet published its new code of practice, with the consultation period ending on 30 June 2025.
8. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.
9. Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.
10. We will not investigate this complaint. The Council provided Ms X with an explanation about what it was doing, and it has yet to make a decision. Further investigation by us would not lead to a different outcome.
11. Additionally, we cannot achieve the outcome Ms X is seeking. We cannot set policy for the Council. The Council must consider its policy once the EHRC has published its new code of practice.

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Final decision

12. We will not investigate Ms X’s complaint. Further investigation by us would not lead to a different outcome, and we cannot achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman