Second legal challenge raised against Auchinleck Swimming Pool closure in East Ayrshire

Govan Law Centre (GLC) has accepted new client instructions and raised a second petition for judicial review in the Court of Session, in Edinburgh, against East Ayrshire Council’s (EAC) decision to close the swimming pool at the Auchinleck Leisure Centre in East Ayrshire.

On 25 October 2023, EAC decided to close the swimming pool at the end of November 2023 “with provision being relocated to Visions Leisure Centre with no disruption to service”. The assertion of relocation appeared to be factually incorrect as the local authority was decommissioning a swimming pool in the village of Auchinleck with an assumption that all service users could use the Visions Leisure Centre in the town of Cumnock without any impact on service users.  

The Court action challenges the swimming pool closure on a number of grounds in relation to statutory requirements under the Equality Act 2010 and 2012 Regulations made thereunder and common law requirements in relation to consultation and arguments with respect to indirect disability discrimination.

The petition will require to satisfy the Permission test in the Court of Session Act 1988 before it can proceed further in Court. The solicitor for the petitioner is Charis Brooks, who has instructed GLC’s Mike Dailly, Solicitor Advocate. Laura McDonagh, Partner at Drummond Miller LLP act as Edinburgh agents.

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