Summary: The Council was at fault when music was played during a quieter swim session. The Council has apologised which is an appropriate remedy for the injustice caused. The Council is not at fault for its decision to run quieter swim sessions at the same time as other activities.

The complaint

1. Mr X complained the Council run swimming pools are not accessible to him and other autistic people. He said music was played during a quiet swimming session causing him distress. He also complained other activities take place in the pool during quiet swim sessions, leading to a lack of opportunity for him to be able to swim.

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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 recommend a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. 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(1), as amended)

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How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council 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 law and guidance

The Equality Act 2010

8. 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.
9. 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, including disability. They must also have regard to the general duties aimed at eliminating discrimination under the Public Sector Equality Duty.
10. Section 113 of the Act provides members of the public with recourse to the county court for damages claims, if they believe they have suffered unlawful discrimination.

Reasonable adjustments for people with disabilities

11. The reasonable adjustment duty is set out in the Equality Act 2010 and applies to any body which carries out a public function. It aims to make sure that a disabled person can use a service as close as it is reasonably possible to get to the standard usually offered to non-disabled people.
12. Service providers are under a positive and proactive duty to take steps to remove or prevent obstacles to accessing their service. If the adjustments are reasonable, they must make them.
13. The duty is ‘anticipatory’. This means service providers cannot wait until a disabled person wants to use their services, but must think in advance about what disabled people with a range of impairments might reasonably need.

Public sector equality duty

14. 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.

15. 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.

Background

16. Mr X has autistic spectrum disorder (ASD) and chronic ill-health.
17. The Council has two leisure centres with swimming pools in its area. Each centre provides two quieter swim sessions each week. The Council says these sessions are an opportunity to swim without music but does not guarantee silence from other users. It says the sessions can be ideal for people who experience sensory overload, panic, anxiety or have ASD.

What happened

18. The following is a summary of events relevant to this complaint.
19. In August 2025 Mr X complained to the Council about the volume of music played at the poolside at a leisure centre. He said this had occurred many times during the previous six months and gave details about one specific occasion where music was played during a quieter swim session.
20. In September 2025 the Council responded to Mr X’s complaint using stage one of its complaints procedure. In its response the Council apologised for the incident where music played was louder than it should have been and said it would remind staff that music should be played at levels appropriate for each session.
21. In October 2025 Mr X made a further complaint to the Council. He said the leisure centre environment, timetable and staff were not suitable to meet the needs of autistic customers. He also gave details of one incident where he felt customers were not following the pool rules and staff did not address the problem.
22. The Council responded in November 2025 using stage two of the complaints procedure. It apologised to Mr X and said it had spoken with staff members and reminded them music should be at a reasonable volume and that all customers should follow the courtesy rules. It said it had reviewed the swimming pool timetables and had tried to provide accessible swim sessions that are inclusive for customers with protected characteristics.
23. In response to our enquiries the Council advised it provides two quiet swimming sessions each week at each of its leisure centres and staff have also advised Mr X of other quieter times at the leisure centre. It said it seeks to provide a balanced programme of activities that meet the needs of a wide range of residents, including people with disabilities and other protected characteristics.
24. It said the focus of the quieter sessions was primarily on reducing sensory stimulation by removing background music. The introduction of quieter sessions was a practical step to improve opportunities for those with autism and others who may benefit from a lower stimulus swimming environment, whilst balancing the needs of the wider community.
25. It said that Leisure Services delivers a diverse and inclusive programme across its facilities, including SEND swimming sessions, opportunities for people with long-term health conditions, activities aimed at older adults, health improvement programmes and a range of community wellbeing initiatives. The Council's approach to equality, diversity and inclusion is therefore not limited to a single activity or adjustment, but forms part of a wider commitment to ensuring leisure services remain accessible to as many residents as reasonably possible. 
26. The Council said staff have a range of experience in supporting customers who are neurodivergent. It acknowledged it was not currently providing training on autism and neurodiversity in the workplace which some staff may require. The Council said it was reviewing training options.
27. The Council said it aims to make reasonable adjustments wherever possible but it is not possible to alter the swimming timetable or remove background music in other swimming sessions as many other customers enjoy the music.

Findings

28. The Council was at fault when a member of staff played music during a quieter swim session, causing Mr X distress. The Council has apologised and said it would remind staff about the need to ensure music is not played in quieter sessions and is at appropriate levels in other sessions. This is an appropriate remedy for the injustice caused to Mr X.
29. The Council has a duty consider the needs of people with disabilities. It introduced the quieter swimming sessions to improve accessibility for people who experience sensory overload, including ASD, who want to swim.
30. These sessions run at the same time as other sessions in the swimming pool, including swimming lessons. This means that, although no music is played, it is possible there will still be other noise in the pool area.
31. On balance, I cannot say the Council is at fault for quieter sessions running at the same as other activities. There is evidence to show the Council took account of Mr X’s needs and of others with ASD in the way it reached its decision to introduce the quieter swim sessions and balanced these with the needs of other users and the operational requirements of the leisure centres.
32. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. If Mr X remains dissatisfied with the Council’s actions S113 of the Equality Act allows citizens to take their own action if they believe they have suffered unlawful discrimination.
33. Since Mr X complained to us the Council has extended the length of some of its quieter swim sessions.
34. The Council said it is not currently providing training on autism and neurodiversity in the workplace. Although this is not fault, the Council may want to ensure staff who work during the quieter swim sessions have sufficient training to be able to appropriately support the customers attending.

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Decision

35. I find fault causing injustice which the Council has already remedied.

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Investigator's decision on behalf of the Ombudsman