Review of management of MPA estate swimming pools

Report: 8
Date: 17 October 2005
By: Treasurer

Summary

The MPA has requested an update on MPA Estate Swimming Pools and this report seeks to update Members.

A. Recommendation

That

1. members note the report.; and
2. receive a further report on the wider issues of legal responsibility.

B. Supporting information

1. There are three swimming pools currently considered to be in the MPA estate, namely at, Hendon, Gravesend and Imber Court.

Status

2. The pool at Hendon has been closed and secured since August 2002. The pool at Gravesend is part of the Private Funded Initiative (PFI) undertaking, and operational responsibility lies with the provider. The pool at Imber Court is a social leisure facility catering for all age groups and operational responsibilities lie with the Sports Club Committee.

Imber Court

3. In respect to Imber Court, the MPS is currently not actively involved in the club management. The pool is in use and a health and safety review was conducted in April 2005 by the MPS.

4. A clearly defined Club Management Structure, Club Constitution, Employee Contracts of Employment, a sports club insurance policy (including various property and liability covers) and a Health and Safety Policy are all in place. These documents, procedures and management accountability place the Social Club management as responsible for the club activities and premises.

5. As such, the consensus of opinion of Corporate Risk Management, Property Services and Corporate Health and Safety Branch is that the Social Club management team possesses the legal duty of care and responsibility to ensure compliance with statutory health and safety requirements.

6. The Club Manager(s) has implemented appropriate measures in accordance with Health and Safety Executive (HSE) guidance and safety regulations that enable the safe daily operation of the pool. The measures include the appointment of two external consultants who provide advice and guidance in respect of health and safety legislation, employment and commercial law.

The wider responsibilities and liabilities of the MPA

7. The issues of wider civil legal responsibilities and liabilities of the MPA, MPS and individual management exposures need further consideration and is the subject of a meeting with all relevant parties in the MPS and MPA on the 24 October 2005.

8. There are two risk management options to consider in order to minimise potential adverse exposure to the MPA and MPS in respect of the Club(s). The suggested options are (subject to legal advice and guidance):

1. to keep the status quo subject to MPA decisions; or
2. to review the status and operational usage of the clubs as regarded by Service Review as ‘business as usual’.

C. Race and equality impact

There are no direct implications on equalities and diversity arising from this report.

D. Financial implications

There are considerable financial implications arising from this report dependent on the option followed. These would require further work to provide quantified costings.

E. Background papers

None

F. Contact details

Report author: Alan Croney, Director of Property Services and Louis Backwell, Head of Health and Safety.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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