URL: https://democracy.eastherts.gov.uk/ieDecisionDetails.aspx?ID=2862&J=1

Decision Maker: Director for Legal, Policy and Governance

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: On 10 May 1977, East Herts Council and Hertfordshire County Council entered into a Joint Use Agreement with Chauncy School for the operation and public use of the school's swimming pool. Under the agreement, East Herts Council was granted a licence and authority by Hertfordshire County Council to manage and maintain the swimming pool, with access provided to both members of the public and pupils from Chauncy School and surrounding schools. As part of the financial arrangement, East Herts Council agreed to contribute 60% of the annual costs, while Hertfordshire County Council covered the remaining 40%. In 2011, Chauncy School converted to academy status and Hertfordshire County Council transferred ownership and responsibility for the swimming pool to the school. Since then, Chauncy School has owned the freehold to the pool and responsibility for the 40% cost share. East Herts Council has continued to manage the site through its leisure provider, SLM (trading as Everyone Active), which entered into a 15-year contract with the Council on 1 January 2020. Throughout this period, the school relied on Department for Education (DfE) funding to meet its 40% financial commitment. In October 2024, the school announced that the DfE would be ceasing its funding for the swimming pool. As a result, the school revealed that the facility would close on 23 December 2024. Given that the swimming pool and building are owned by Chauncy School - not East Herts Council - the decision to close the facility rested solely with the school. The school also cited the ongoing cost of maintaining an aging building and the need for significant works to the plant room as contributing factors in the closure decision. On 4 January 2025, Everyone Active formally handed the building keys back to Chauncy School, leaving them to take responsibility for site safety and utility management. Despite the handover, East Herts Council currently remains liable for any accidents or incidents on the site, as well for the ongoing utility costs and associated visits by Everyone Active. To remove this liability, a formal termination of the Joint Use Agreement is necessary. Additionally, a financial dispute dating back to 2017 has now been resolved. During that period the school received DfE funding to contribute 40% toward the pool’s operational and maintenance costs, while the Council covered the remaining 60%. However, the previous Head Teacher disputed the charges, and the school did not pay its share. Following the appointment of a new Head Teacher in September 2024, a financial settlement was successfully negotiated. This decision will be taken by the Director for Legal, Policy and Governance under his delegation at paragraphs 10.11.6 and 10.11.16 of the Constitution.

Content:

Date of Decision: March 30, 2026