Council concedes on judicial review over decision to shutter leisure centre

Locals fighting against Caerphilly County Borough Council's decision to close a leisure centre have secured a quashing order following a judicial review challenge that argued the local authority had breached its own constitution.

The High Court granted permission for the claim to be heard on all six grounds.

However, the council has since conceded on one ground, avoiding the hearing.

The ground argued that a decision by the Scrutiny Committee to withdraw a call-in of the decision was in breach of the council's constitution and the Local Government Act 2000.

The local authority has been seeking to shut the 50-year-old leisure centre in Pontllanfraith since 2018 after it adopted a 'Sports and Active Recreation Strategy' that set out plans to reduce the number of leisure facilities across the borough.

A local resident launched a separate judicial review against the council in 2019 following the adoption of the strategy.

In the 2019 challenge, the High Court found that the council had failed to meet its obligations in relation to the public sector equality duty when deciding to close the centre.

The High Court finding led to the decision being quashed.

The most recent legal action was launched after the council revisited the decision in March 2024 and again decided to close the leisure centre.

The High Court granted permission for the claimant's case to proceed on the following six grounds in November 2024:

1. The Leader of the Council, having said publicly that it would be 'insanity' to keep the leisure centre open, actually or apparently pre-determined the decision to close the leisure centre and should have recused himself from the Cabinet decision-making process;
2. The withdrawal of the call-in of the decision by the Scrutiny Committee was in breach of the Defendant's constitution and Local Government Act 2000;
3. The council failed to take into account the cost of demolishing the leisure centre;
4. The council failed to identify mitigation for children who would be negatively impacted by the closure of the 3G pitch adjoining the leisure centre, in breach of section 149 of the Equality Act 2010;
5. The council failed to promote welfare of children, contrary to section 28 of the Children Act 2004; and
6. The council failed to take all reasonable steps to meet its well-being objective of enabling the environment to be greener, contrary to section 3(2) of the Well-being of Future Generations (Wales) Act 2015.

The High Court quashed the closure decision last week (17 January), following the council's decision to concede on ground two.

Solicitors at Watkins & Gunn acted for the claimant.

Lucy O'Brien, Solicitor at Watkins & Gunn said the claimant and local campaigners are now calling on the council to re-open the facility, "rather than continuing to waste money trying to unlawfully close it".

A spokesman for Caerphilly County Borough Council said: "After seeking advice, we have conceded on one of the six grounds brought by the claimant, which relates to a procedural matter during the decision-making process.

"Therefore, the decision to close the site has now been quashed.

"We wish to avoid incurring further delays and costs associated with a contested court case, therefore a further report about the future of the facility will now be brought forward for the council's Cabinet to consider."

Adam Carey