Decision details

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.

Option 1: Terminate the Joint Use Agreement with Chauncy School.

Option 1: Terminate the Joint Use Agreement, thereby removing East Herts Council’s liability and financial responsibility for a facility it does not own.
Option 2: Identify an alternative leisure provider to assume the 40% cost previously covered by the school, allowing the facility to remain operational. However, leaving East Herts Council responsible for 60% of the annual cost and liable for health and safety.
Officer Recommendation
Officers recommend Option 1: to terminate the Joint Use Agreement and support Chauncy School’s decision to close the swimming pool facility.
This recommendation is based on the following considerations:
•The facility is owned by Chauncy School, not East Herts Council.
•Ongoing liability for health and safety, utilities, and due diligence presents a risk for the Council.
•Substantial capital investment would be required to bring the aging building and plant room up to standard.
•Continuing involvement would place East Herts Council in an untenable position regarding financial risk and legal responsibility.