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West Devon Borough Council FOI   See also WDBC Main Page

Freedom of Information Request Documents Reveal Ongoing Strained Relationship

Between LC/Harpers Fitness & West Devon Borough Council

 Documents obtained in July 2011 clearly show that the Council quickly became disenchanted with LC/Harpers Fitness. In September 2004 Councillor Nick Morgan boasted of selecting a “firm with an excellent reputation” for the contract to run two leisure centres and the LC Chief Executive said, “At Leisure Connection we pride ourselves on the service and quality of facilities we deliver to local communities, and are confident that we can work with our partners and to ensure that the people of the West Devon Borough are offered a first class leisure facility."  

 Minutes of 26 Meetings in 2005 to 2009 of the Member Group on the Leisure Connection Contract, attended by Councillor Morgan, council officer and LC managers reveals tensions that led to the Council claiming LC had “reneged agreements”, warning LC that the contract was at risk and looking at alternatives to the company for the two leisure centres. The Council also found that the profit share it had expected was not realised.

 Poor cleaning (e.g. Smelly toilets, Dirty floor”) and lack of response to customer as well as Council complaints were frequent issues.

 By October 2007, the Council had served 49 rectification notices and at least three "persistent breach notices" on LC relating to failings and each one these cost LC at least £100. “It was reported that, in themselves, “... the notices were minor, however, the amount of shortcomings build into a much larger problem which causes annoyance to both the clientele and the Council alike and shows a general neglect of care.”  (11 October 2007)

 Source documents can be downloaded from WhatDoTheyKnow. The date of the meeting is reflected in the file name of the minutes.

 Other Issues in the documents include:

 “Officers had received reports that Leisure Connection staff were informing the leisure centre complainants that all faults were the responsibility of the Borough Council.  It was agreed at the Client Contractor Liaison meeting that this was unprofessional and would be stopped.”  11 October 2006

 “Engineer’s reports were not being received with regard to the maintenance of equipment and, therefore, it could not be determined whether equipment that was being replaced could instead be repaired.  It was stated that repairs of equipment, ie. showers, were at the expense of Leisure Connection, but replacements were at the expense of the Borough Council.” 11 October 2006

 “A concern was raised that the performance indicators were not yet being monitored and reported.  In response, it was stated that this had been delayed because of the contract status but should now be started".  15 February 2007

 “The Group were very concerned to read in the local newspaper that Leisure Connection had awarded a national contract for catering at their managed sites and had chosen to disregard the Council’s wish that the current operator of the café at Parklands have their contract renewed.  The newspaper article had also given rise to a clear showing of support and appreciation for the current operator.” 15 February 2007 This followed LC going into partnership with a catering company to form Leisure Xtra.

 “The Corporate Director reported that Mr Wilkinson (LC Managing Director) had finally received his letter; delivery had been delayed through an office move.  Subsequent to the letter and an e-mail exchange a meeting had been arranged with Mr Wilkinson for Wednesday 20th June 2007 at which the poor performance standards and reneged agreements would be fully discussed and explored. The outcome of this meeting would be reported upon at the Group’s next meeting.” 14 June 2007

 “It was reported that, since the Group’s last meeting, 4 Rectification Notices and 3 Persistent Breach Notices had been issued, all of which had been complied with by their respective date deadlines, which clearly indicated poor operation by the contractors.” 14 June 2007

 “Mr D Wild, Managing Director of Leisure Xtra, was invited to join the meeting ... and to give a presentation on Leisure Xtra’s proposals for providing catering services at both the Meadowlands and Parklands facilities. Mr Wild stated that whilst the emphasis would be on providing healthy nutritional food, fried foods would also be available because some customers would still pay a premium price for such options. During the presentation it was alleged that Leisure Connection’s legal representatives had sent a bespoke letter to all owners of the properties they managed advising them of the impending changes to catering services and, apparently, offering the opportunity of retaining the current service provider.  The Group were angry that no such letter had been received especially given the high regard that the current caterer at Parklands was held by the whole community.  Regardless of the alleged letter, the Council had, additionally, made it known very clearly to Leisure Connection at the start of the catering review that it wished the current service provider to be retained but had been told that this was not an option as it was proposed to introduce a company wide catering provider.  The Group were advised that the current operator would cease in early July and that, as she would be starting a new venture, would not be participating in any activities with Leisure Xtra even though some offers had been made.” 14 June 2007

 “Copies of two letters (to LC) regarding issues relating to the contract ... were attached to the agenda.  However, no reply had been received to the latter communication.  It had been suggested that £29,000 be taken off the management fee rather than an invoice being sent for the amount although the latter was stipulated in the contract.  It was proposed that an earmarked account be set up for future works, ie repairs and capital improvements, to which the £29,000 payment could be put into.” 13 September 2007

 “It was reported that the meeting with Mr Simon Wilkinson, the Operations Manager for Leisure Connection, had been co-operative.  Prior to the meeting Mr Wilkinson had spoken in a ‘direct manner’ to the staff.  It was understood that the West Devon contract was, allegedly, the only Leisure Connection contract not generating an operating surplus, therefore, Leisure Connection would be actively seeking an improvement in trading and to this end, a new Regional Manager for the South West had been appointed.”  11 October 2007

 “...the Borough Council made it perfectly clear that the current level of contract performance was unacceptable and very poor. Leisure Connection, through Mr Howells (LC’s new Operations Manager), requested three months in which to turn the position around. In support of this request, Mr Howells had further reported that the Board of Leisure Connection was committed to the West Devon contract and to its success.  For its part, the Borough Council had stated that it would maintain pressure on the Company to achieve the improvements promised within the timescale.” 14 November 2007

  “Terry Beckett reported that a number of possible alternative options for leisure centre management were being tentatively investigated as a contingency matter to ensure that the Borough Council was prepared should any contractual difficulties arise.  In the meantime pressure would be maintained on Leisure Connection to achieve their promised improvements within the 3 month time frame.” 10 January 2008

 “In his e-mail repose Mr Wild (of Leisure Xtra) made reference to the improving quality of the food and drink with ‘more centre produced food being made available….have taken steps to ensure the newly appointed manager has the opportunity to provide either locally sourced or centre prepared cakes and hot meals’; that price increases were as a direct result of price increases raised by suppliers and, regarding local suppliers, Mr Wild said that they were trying to “source local suppliers of dairy, fruit & veg and bakery supplies who can accept our payment terms. As we pay all our suppliers on a credit basis we are finding it particularly difficult to locate a high quality supplier who can accommodate this.” 14 November 2007

 Perhaps the difficulty obtaining suppliers on credit has something to do with Leisure Xtra not paying promptly, which the extract below suggests is the case with LC.

 “Terry Beckett further reported... a difficulty for the Borough Council in as much that when trying to engage a contractor to repair the damage, the contractor asked for payment before starting the work. The contractor had requested this as Leisure Connection delayed meeting bills until the last possible moment after the work had been completed...” 14 August 2008

 “In discussions, Mr Farrant (LC CE) appeared to take on board the concerns of the Council regarding the operation of the contract. Mr Farrant was also interrogated regarding the profit sharing element of the contract and he advised that any reasonable profit share payments were unlikely because of increasing utility costs and the tapering management costs scheme contained within the contract.” 8 May 2008

 “Meadowlands User Group Meeting (11/03/08) - Terry Beckett reported on the meeting of the Meadowlands User Group held on 11th March 2008.  There had been a good level of debate on topics ranging from the installation of the new cubicles, catering and operational matters, including that the level of cleanliness had improved.  There was some concern, however, in the fact that a number of items arising from the previous meeting some six months earlier had not been actioned until the day before this latest meeting.” 8 May 2008 

 “Terry Beckett reported that he had issued two Rectification Notices in respect of the Meadowlands Pool.  The first had arisen through a complaint received from a member of the public concerning the late opening of the pool on Sunday 8th June 2008 and the poor cleanliness of the pool and its surrounds.  The late opening had been attributed to staff shortages. The second Rectification Notice, again regarding the cleanliness, had arisen from a visit that Terry had made to the pool and referred to an earlier visit when he had pointed out the poor standard of cleaning.” 12 June 2008

 “Terry Beckett reported on an allegation he had received claiming that two long serving members of staff at Parklands had not undertaken a Criminal Records Bureau (CRB) check and an audit of staff records confirmed this situation to be so.  The Rectification Notice required that this matter be rectified as a matter of urgency and that an investigation be undertaken to ascertain the reason or reasons for this unacceptable failure. Reporting on behalf of Leisure Connection, Mr C Perry the Area Contract Manager, said that the matter had now been resolved and had been caused through a failure by both the Company and the employees concerned to pursue the completion of the checks.” 10 July 2008

 “Concern was expressed at the catering being provided and it was agreed that Leisure Xtra, the caterers for Leisure Connection, be invited to attend the next meeting.”  14 August 2008

  “The Group received and noted the trading accounts submitted by Leisure Connection for the Meadowlands Leisure Pool and the Parklands Leisure Centre together with a summary trading account. Casual scrutiny revealed a number of apparent discrepancies and it was agreed that Mr Bradbury would raise the issues with LC’s appropriate officer and report back to a future meeting...  The Group received the monthly updated usage figures for both pools, however, Terry was sceptical about some of the figures presented and Mr Bradbury agreed to investigate their accuracy.  ” 18 September 2008

 “... Leisure Connection did not wish to participate in providing free swimming for the 16s and under as the proposed financial package from the Government would not meet the income currently received from this age group.” 16 October 2008

 “The Group received the reports detailing customer complaints and comments and were concerned that one complainant in particular had had to complain twice as her original complaint had not been acknowledged and that the problems complained of were still being experienced.” 14 May 2009 

 “A copy of the comments/complaints received in October had been circulated prior to the meeting... Comment was made on the delay in responding to complaints and felt there should be a limit of five days. CP acknowledged that responses to customer comments needed to be much quicker in line with the Leisure Connection corporate target.” 12 November 2009

 PB