A number of residents (54) from the
South Ayrshire Council (the Council) area raised complaints about the Council's
decision to close various facilities (Girvan Swimming Pool, Tarbolton and
Dailly Activity Centres, Dalmilling Golf Course, The Gaiety Theatre, Pets'
Corner, Public Toilets and Maybole and Troon Registration Offices) without
consultation with the public.
The complaint which has been investigated is that the Council failed
to consult the public, both before and after a decision was taken to
close a public facility or centre, in accordance with the Council's practice
and statutory procedures (not upheld).
The Ombudsman recommends that, in the interests of good practice, the Council
ensure that their strategy to communicate and engage with the community
incorporates clear directives in relation to consistency in communication
and engagement where it is proposed to close a Council facility or centre.
The Council have accepted the recommendation and will act on it accordingly.
This information is drawn from the summary
of the ombudsman's report. However, within the body of the report
there are observations that do not show the council in a favourable light
i.e.
66. In the current economic climate, councils and other public bodies
will face difficult budgetary decisions to ensure that budget cuts do not
adversely affect the quality and provision of priority and statutory services.
However, they will wish to ensure that they take the community with them
in their decision-making.
67. Following the decision to close the Pool and the other facilities,
the Council did take various steps to engage with the community. However,
it is clear to me that the Council should have foreseen that the decisions
to close a number of facilities would be likely to cause concern to the
community as a whole and planned for the aftermath of their decisions.
In the event, the actions which they took to mitigate the effects of their
decisions to close facilities and centres, were reactions rather than a
planned response and, while this has allowed the continuation of some services,
in some instances, this has generally been with a change to how these were
previously run.
68. This has been a fire-fighting exercise against a wave of public criticism.
Therefore, while recognising that I have not found evidence of administrative
fault or failure to consult the public about the intention to close facilities
and centres, I nevertheless consider that it could have been expected that
the closures would be met with some public reaction and not to have had
a plan or strategy in place to deal with this was remiss. I recognise that
there was engagement, with a lot of time and energy being given by Council
officers in some instances, after the decisions to close took place and
their actions are commendable. However, with no Council directive on how
this should be undertaken, this was a piecemeal affair.
69.
The Council have shown that they have since made progress in putting in
place a community engagement strategy. While I do not uphold the complaint,
to ensure consistency across the Council and in the interests of good practice,
the Council should ensure that their strategy to communicate and engage
with the community incorporates clear directives in relation to consistency
in communication and engagement where it is proposed to close a Council
facility or centre.
Recommendation
70. I recommend that, in the interests of good practice, the Council ensure
that their strategy to communicate and engage with the community incorporates
clear directives in relation to consistency in communication and engagement
where it is proposed to close a Council facility or centre.
The Leader of South Ayrshire Council has welcomed a report published today
(19 May 2010) regarding consultation on the closure of Council facilities.
Councillor Bill McIntosh said he was pleased the report – published by
the Scottish Public Services Ombudsman – did not uphold the complaint against
the Council.
He commented: "In making its budget decisions, South Ayrshire Council
acted in accordance with relevant procedures and practice and this is reflected
in the complaint to the Ombudsman not being upheld.
"We are committed to improving how we engage with local communities
across South Ayrshire and will continue to progress this as part of our
improvement activities.
"We have made a lot of progress in the past year. For example, our
officers are working on proposals for the regeneration of Girvan and the
South Carrick area, Tarbolton and Dailly Activity Centres can still be
enjoyed by the local communities, and we have appointed a preferred bidder
to progress the reopening of the Gaiety Theatre.
"Now that the Ombudsman has concluded his investigation and determined
that there is no case for the Council to answer, we can continue to focus
on taking forward the issues that matter to our communities and delivering
quality services across South Ayrshire."
Displayed on the South Ayrshire website on 19 May 2010 and reported in
the local press. This statement drew unfavourable comment from local
newspapers who, not withstanding the dismissal of the complaits, emphaisised
that the council had been found wanting in terms of communication of information
and their capacity to visualise the likely public response to their decisions.
Note: The demolition of the Girvan Baths and the
theatre is now underway. Notices on the site highlight the event
as phase one of Girvan's Regeneration.