CAMPAIGNERS fighting to save Whitcliffe Mount Sports Centre from being demolished have turned to the Equality Act in a bid to overturn the council's decision.

Disabled users of the Cleckheaton sports centre are challenging the decision made by Kirklees Council to close the leisure centre, which will enable the neighbouring Whitcliffe Mount School to be rebuilt.

The sports centre is used by disabled people across Kirklees due to its ease of access and close disabled parking bays.

It is due to close its doors to the public for the final time in May, and will then be demolished, so that work on a replacement school on the same site can begin.

Led by 71-year-old Ken Shaw, who is severely disabled due to arthritis so uses the gym regularly to keep his condition at bay, the campaigners had initially sought a judicial review, but were advised against this move due to the legal costs involved if they were to lose.

Solicitor Paul Booth, acting on behalf of Mr Shaw and other disabled users of the sports centre, told the Telegraph & Argus that as a result they were challenging the council's decision using the Equality Act, and were awaiting a response from the authority.

Mr Shaw, from Dalton, said he has been using Whitcliffe Mount since 1989, going to the gym three times a week for health reasons, and that as he needed to use two sticks to get about, the fact the facilities were disabled user-friendly and that the disabled parking bays were close to the entrance, made it easily accessible for him and other disabled users.

"In principle myself and other disabled users got together to challenge the council. I'm the longest serving member at Kirklees gyms, having been a member since Huddersfield Sports centre opened in 1973," he said.

Mr Booth, acting for the group of disabled users, said the closure of Whitcliffe Mount would lead to the loss of a "unique facility" in the district.

In statement, he added: "In response to Mr Shaw’s legal challenge, Kirklees Council have suggested that the newly built Huddersfield Leisure Centre is a suitable alternative, although the closest disabled parking space there is 60 metres from the entrance. Mr Shaw has, through his solicitors, pointed out that this is hardly a suitable provision.

"Kirklees Council is under a statutory duty to make reasonable adjustments for disabled service users. Mr Shaw has now requested that a reasonable adjustment (which the council has a legal duty to make) would be for the council to keep Whitcliffe Mount Sports Centre open, at least until adequate alternative facilities for disabled users are made by the council.

"If necessary, Mr Shaw expects that he and other disabled facility users will not hesitate to take legal action to challenge the council’s decision and failure to comply with its duties, if needs be in the courts."

Any action would be through the county courts and could involve them seeking an interim injunction in an effort to stop the scheduled closure on May 20.

A spokesman for the council said they had received a pre-action letter from the disabled users' solicitor regarding a judicial review and had responded. He confirmed that the authority had then subsequently received a further letter regarding county court action through the Equality Act.