Fighting discriminatory charges for swimming on Hampstead Heath

by Kenwood Ladies' Pond Association

Fighting discriminatory charges for swimming on Hampstead Heath

by Kenwood Ladies' Pond Association
Kenwood Ladies' Pond Association
Case Owner
Kenwood Ladies' Pond Association has represented the interests of swimmers at the Kenwood Ladies' Pond on Hampstead Heath since the 1980s and currently has over 700 members.
Funded
on 30th May 2021
£13,166
pledged of £30,000 stretch target from 410 pledges
Kenwood Ladies' Pond Association
Case Owner
Kenwood Ladies' Pond Association has represented the interests of swimmers at the Kenwood Ladies' Pond on Hampstead Heath since the 1980s and currently has over 700 members.

Latest: June 23, 2022

Judgement handed down today at the High Court

Outside the High Court on 23 February 2022

We have been notified, after a wait of four months, of a decision on the Judicial Review which took place at the High Court on 23-24 February 2022.

The claim for disability discrimination and failure …

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The Kenwood Ladies' Pond Association (KLPA) represents over 700 women who swim at Kenwood Ladies' Pond on Hampstead Heath, all year and in all weathers.  In March 2020 the City of London Corporation, which manages Hampstead Heath, decided to increase and enforce charges to swim in the famous bathing ponds, with the cost of tickets being increased by up to 140%. This and subsequent price rises have disproportionately affected those needing to buy concession tickets.

The Ladies' Pond (which has operated since 1925) was until recently an eclectic and inclusive community of year-round swimmers, but is now at risk of becoming an exclusive venue. Open water swimming has proven mental and physical health benefits, and should not be priced beyond the reach of less affluent people.

The KLPA and member Ann Griffin, who is registered blind, are challenging the new charges.  Swimming was entirely free of charge on this common land until 2005, similar to visiting a lifeguarded beach.  The City of London Corporation has gradually sought to monetise the bathing ponds, leading to exclusion, and culminating in a decision in March 2020 to enforce and dramatically increase charges.

We are challenging the City of London Corporation on grounds of disability discrimination.  Working with Leigh Day Solicitors we are seeking a judicial review, and we need to raise £30,000 to cover our costs and potential adverse costs.

We are seeking to address the disproportionately high increase in charges for concessionary swims compared with standard adult prices, the refusal to allow season ticket holders to pay by instalments and a complete concession for people on low income (which is offered at some times of day to those under 16 or over 60 regardless of income). We would welcome a wider review of the charging regime.

The KLPA remains willing to work with the City of London Corporation to increase income through purchase of tickets by those who can afford to pay. We offered to do this in 2020 but our suggestion was disregarded.

The City of London Corporation has denied liability.

Our case is summarised here.

Please contribute to our legal funds and help to spread the word by sharing this page.

Thank you for your support.

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Update 12

Kenwood Ladies' Pond Association

June 23, 2022

Judgement handed down today at the High Court

Outside the High Court on 23 February 2022

We have been notified, after a wait of four months, of a decision on the Judicial Review which took place at the High Court on 23-24 February 2022.

The claim for disability discrimination and failure to make reasonable adjustments has not been upheld by the High Court. This is of course disappointing news but we are pleased to have been able to support Christina Efthimiou in this case, which was very important to bring. We will also continue to campaign through other channels for the return of inclusivity at the bathing ponds on Hampstead Heath, which had provided a safe and healing space for so many people in the past, regardless of their income.

The KLPA would like to thank Christina Efthimiou for having the courage to pursue this important issue. We would also like to thank the legal team at Leigh Day led by Kate Egerton, as well as our representative in Court Zoe Leventhal QC and her team at Matrix Chambers, for all of their hard work and dedication.

Thank you to all KLPA members and to everyone else who has made a pledge and taken an interest too; your support is very much appreciated.

KENWOOD LADIES' POND ASSOCIATION


Update 11

Kenwood Ladies' Pond Association

May 28, 2022

Awaiting a Judgement from the Judicial Review

On 23-24 February 2022, we attended court to support the claimant Christina Efthimiou.  Our legal team from Leigh Day, led by Kate Egerton, and our barrister Zoe Leventhal did an amazing job explaining the impact of the enforced and increased charges on swimmers with disabilities. 

Zebra Crossing outside High Court


This included a reference to the history of pond swimming on the common land of Hampstead Heath, which was entirely free until 2005 and subject to lower self-policed charging until 2020.

We are now waiting for a judgement on the case, and it is a little over three months since the hearing.  Whilst this is longer to wait than we had anticipated, we are aware of backlogs across the court system so are waiting patiently.

Thank you for your continued support and interest in this case.

Some of the initial press coverage can be seen here:

Camden New Journal 24 February 2022
Evening Standard 23 February 2022
Guardian 23 February 2022
Ham & High 23 February 2022
Ham & High 24 February 2022

KENWOOD LADIES' POND ASSOCIATION

Update 10

Kenwood Ladies' Pond Association

Feb. 22, 2022

We are in court tomorrow - come along and support the cause!

After many months of preparation, we are in court tomorrow.  The Judicial Review hearing is scheduled to last 1.5 days and starts at 10.30 am on 23 February 2022.  

We are planning to gather outside the court from 9.15 am for a photo opportunity and already have press interest.  Please come along to show your support (swimwear optional!):

Royal Courts of Justice

Strand

London WC2A 2LL

The Public Gallery is also available if you would like to watch proceedings.  We have been informed it is court number 76 which is accessible.  The morning and afternoon sessions each last about 2.5 hours.  

Kenwood Ladies' Pond swimmer Christina Efthimiou, supported by the Kenwood Ladies' Pond Association is challenging the charging regime at the Hampstead Heath bathing ponds on grounds of disability discrimination.

Thank you to everyone who has pledged financial support for this case and the messages of support from the wider swimming community.

KENWOOD LADIES' POND ASSOCIATION

Update 9

Kenwood Ladies' Pond Association

Feb. 2, 2022

One more push to raise funds before the court date

The Judicial Review hearing, which the KLPA has been supporting for nearly a year, is almost upon us. It will take place at the Royal Courts of Justice on 23-24 February 2022.

This is a challenge against the charging regime at the bathing ponds, which we believe excludes many people from such a life enhancing activity, including those whose physical and mental health has benefitted previously from access to the ponds. Claimant Christina Efthimiou, who is a KLPA member, alleges that the new charges amount to disability discrimination and the KLPA is supporting her claim.

The KLPA Crowdfunding page has so far raised just over £12,000 but we do need to continue to fundraise to meet potential adverse costs and any costs which fall outside the support of Legal Aid. Please take one more opportunity to spread the word to your friends, family, colleagues and anyone else who might support this cause. Every donation helps, however much you can afford. So far more than 370 individuals have made donations. Please donate via the link above.

Thank you for your continuing support.

Update 8

Kenwood Ladies' Pond Association

Dec. 4, 2021

A new date for the Judicial Review hearing

Dear Supporter

The hearing which was adjourned in November, has now been re-listed for 23-24 February 2022.  This will take place at the Royal Courts of Justice on the Strand in London, and it is listed for 1.5 days.

We will know nearer to the time the number of the court where the hearing will take place, as well as the arrangements and capacity for any public gallery.  We will let you know how you can show support on the day of the hearing when we have this information.  

Thank you for your continued interest and support for this case.  We are striving to return accessibility and inclusion to the Hampstead Heath bathing ponds.

Please encourage friends, family and colleagues to make a donation here.

KENWOOD LADIES' POND ASSOCIATION

Update 7

Kenwood Ladies' Pond Association

Nov. 3, 2021

Court Hearing Date Adjourned

We have just received news that the Judicial Review hearing date of 9-10 November 2021 has had to be adjourned due to unforeseen circumstances. This does not affect the merits of the case brought by Christina Efthimiou, and supported by the KLPA, and we are awaiting a new hearing date. We think it is likely that the case will be listed early in the New Year and will update supporters as soon as we have more information.

Thank you to everyone who has been asking about how to show support on the day and we hope you will not be too disappointed or inconvenienced by this news.

Thank you for your continued support

KENWOOD LADIES' POND ASSOCIATION

Update 6

Kenwood Ladies' Pond Association

Sept. 30, 2021

Survey on the impact of Hampstead Heath swimming charges

In January 2021 the KLPA conducted a survey of swimmers about the economic impact, so far, of the increased and enforced swimming charges on Hampstead Heath. We shared that survey widely with the other swimmers' associations and beyond, receiving 600 responses.

The data gathered was helpful in providing background information for the legal case being supported by the KLPA, which alleges disability discrimination by the City of London Corporation.

That survey was conducted before the 2021 price increases were decided upon and implemented. We now need to get updated feedback from swimmers which takes these more recent increases into account.

Please find below a link to a brief survey which builds on the questions asked earlier this year. Your input is really important, and appreciated.

https://www.smartsurvey.co.uk/s/ChargesImpact2021/

This survey will run until midday on Wednesday 13 October 2021 and can be completed entirely anonymously.

Thank you for your continued support.

KENWOOD LADIES' POND ASSOCIATION

Update 5

Kenwood Ladies' Pond Association

Sept. 15, 2021

News of a Court Date

We have been informed that the case is listed for 9-10 November 2021 at the High Court.  The format for that hearing (in person, virtual or hybrid) will be notified nearer to the time, and will depend on public health advice later in the autumn.

Thank you for your continued support, this really matters.  We need to continue to fund raise in the meantime, so please forward details of this campaign to any friends, relatives or colleagues who may be interested.

https://www.crowdjustice.com/case/fighting-discriminatory-charges-to-swim/

Our case is focused on disability discrimination and the disproportionate increases in prices to swim for concession tickets.  This is part of a wider effort to keep  Hampstead Heath accessible, and to avoid over-regulation of a cherished open space.

Please help us to do our part to keep the Heath accessible to all Londoners. Please share this campaign and help us to raise the funds needed for our legal action.

KENWOOD LADIES' POND ASSOCIATION

Update 4

Kenwood Ladies' Pond Association

Aug. 10, 2021

Judicial Review Application Has Permission to Proceed


The Kenwood Ladies' Pond Association has been informed that the application for Judicial Review against the City of London Corporation has permission to proceed!  This is great news as it means the High Court agrees that there is a case to argue.  Until now the City of London Corporation has been dismissive of the concerns which we raised about exclusion from the bathing ponds.

In this application we claim that the new charging regime discriminates against swimmers who are disabled and there is a failure to make reasonable adjustments.  Since early 2020 the KLPA sought to work with the City of London Corporation to improve their income collection at the ponds without causing anyone to be excluded.  This constructive approach was disregarded at the time but the City could still work with the swimmers to make the bathing ponds inclusive again.

Please continue to encourage your friends, relatives and colleagues to support this cause and donate to our crowd funding page.

Press coverage of announcement that the case has permission to proceed can be seen here.

Thank you for your support

KENWOOD LADIES' POND ASSOCIATION

Update 3

Kenwood Ladies' Pond Association

June 2, 2021

Can you help us reach our overall target?

We have reached our initial target of £5,000.  This allows us to collect the pledges and move on to our target to cover potential adverse costs, which we believe could amount to £30,000.

Thank you to everyone who has supported us so far with donations and spreading the word.  We need to move towards our new target in the next 2 weeks.  Can you help to bring in more donations?

So far we have 144 backers, making an average donation of £36.  Most donations are in the range of £10-£50 and every one of them counts.  This shows a breadth of support from people who care about keeping swimming on Hampstead Heath accessible for all Londoners.

Could you contact two more people today?  Please use your networks such family, friends, colleagues, trade union branches, faith groups and fellow swimmers to spread our message. Every donation helps, thank you for everything you have done so far.

Update 2

Kenwood Ladies' Pond Association

May 25, 2021

Help us reach our initial target in a week.

We have nearly reached our initial target of £5000, which we need to get to for pledges to be collected and the target raised to cover our potential costs.

Please can you help us get to that initial target today? The support we have received in less than a week has been fantastic. We have received over 120 pledges and still growing. Every donation matters, as each one shows support for the cause of inclusivity at the bathing ponds.

Can you contact a friend today, or a family member, and ask that person if they would make a donation to help get us past £5000 within one week of our campaign launch?

Thank you for everything you are doing to help.


Update 1

Kenwood Ladies' Pond Association

May 21, 2021

Half way to our initial target

Thank you supporters for getting us half way to our initial £5000 target in just over 3 days. 

Can you help us get to the £5000 that we need to raise to proceed further by sharing this page people who are interested swimming, inclusivity, health & wellbeing and fairness?  This weekend could you email two friends to ask them to contribute?

The Kenwood Ladies' Pond Association, working with Leigh Day Solicitors, is seeking to launch a Judicial Review against the City of London Corporation.  The City is well resourced and well connected but together we can do this.

Let's keep the bathing ponds accessible for all Londoners and for future generations.

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