JUDICIAL REVIEW HEARING 23-24 FEBRUARY 2022

On 23 February 2022, the KLPA and supporters finally arrived at the High Court.  We boldly went in our swimwear to the steps of the court, put on some clothing, and went inside for a hearing that lasted one and a half days.

This case was brought by claimant Christina Efthimiou, backed by the KLPA, and supported by the wider Heath swimming community.  A Judicial Review hearing focuses on detailed legal argument rather than courtroom high drama, but was nonetheless fascinating to watch.  KLPA committee members Ann Griffin, Pauline Latchem and Mary Powell were present in court or via video link for the whole hearing.  Christina Efthimiou was also able to observe the hearing via video link.  We were joined by other supporters from the KLPA, Highgate Men’s Pond Association and the Hampstead Heath Winter Swimming Club.  A more detailed report will follow shortly in the KLPA Newsletter.

We anticipate that a judgement will be handed down in about 4-6 weeks and will keep members updated.

It is still possible to contribute here to the legal costs. Whatever the outcome of the case, some costs will fall outside the protection of Legal Aid, so all contributions will be gratefully received.

Some of the press coverage of the court hearing 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

PUBLIC GALLERY ARRANGEMENTS

We have been advised of the following details concerning access to the Public Gallery on 23 and 24 February 2022, to watch the Judicial Review proceedings to challenge the charging regime at the Hampstead Heath bathing ponds:

WhereRoyal Courts of Justice, Strand, London WC2A 2LL (map here)
Court Number: 76
Public Gallery Capacity: Approx 50 (accessible courtroom and further information about accessibility is here.)
Hearing Sessions:  23 February 10.30 am to 1 pm and 2 pm to 4.30 pm.  24 February 10.30 am to 1 pm.
Security:  Please allow approx. 30 minutes to clear security before entering the courtroom.
Online Access: This is only available in exceptional circumstances to members of the public who are unable to attend a court hearing in person.  To request an individual link to watch the hearing, please email the court directly (email address here).  This link must not be forwarded to anyone else and it is illegal to broadcast a hybrid hearing in any way using this link.

Please be aware that members of the public who access the public gallery will be expected, as far as possible, to stay seated for the 2.5 hours of each session, and observe in silence.  If you are attending court, you will be expected to wear a face covering, unless exempt.  More information about what to expect in the court building can be seen here.

The Judicial Review will focus on the specific issues of alleged disability discrimination rather than the wider principles of charging to swim on Hampstead Heath.  The hearing will be focused on detailed legal arguments. 

A lot of work has been put into this case by the KLPA, Kate Egerton and the legal team at Leigh Day, Zoe Leventhal QC and her team at Matrix Chambers, and of course claimant Christina Efthimiou.  We would like to thank everyone who hascome forward to help and to pledge financial support for this legal challenge.

Supporters are invited to assemble outside the court on 23 February 2022, from 9.15 am for a photo opportunity and potential press coverage, even if you cannot commit to attending the hearing.  The KLPA banner will be present as a focal point and supporters are invited to bring their own home made banners on the theme of inclusion and fair access.  However please be aware you may not be able to take these banners into the court building.

SWIM FOR VICTORY….

The Judicial Review to challenge the charging regime at the Hampstead Heath bathing ponds is almost with us. Claimant Christina Efthimiou, supported by the KLPA, has alleged that the current charges amount to disability discrimination. The hearing is on 23-24 February 2022 at the Royal Courts of Justice on the Strand. 

Please come to show support outside the court:

When: 23 February 2022.  Assemble from 9.15 am for 9.30 am.
Where: At the front of the Royal Courts of Justice
Dress Code: Swimwear and KLPA accessories

We are expecting press interest so let’s make an impression outside the court! The KLPA banner will be there as a focal point and members are encouraged to make their own banners supporting fair access and inclusivity at the bathing ponds. It is time to be noticed; please spread the word.

We expect to have more information about the public gallery arrangements early next week and will forward this to members as soon as we have it.

Thank you to everyone who has supported this campaign and contributed to the Crowdfunding so far. Every donation matters, as it shows the breadth of support for inclusivity at the bathing ponds.

MERCHANDISE, MEMBERSHIP AND CROWDFUNDING

The KLPA will be holding its monthly merchandise sale on Saturday 19 February 2022 from 9 to 11 am, at the Ladies’ Pond.  We will have hi-viz knitted hats, mugs and books for sale at £10 each. Mugs and hi-viz knitted hats can be bought in bulk, four for £35 (including mix and match options). We also have bright coloured silicon swim hats for sale at £5. We can take payment by cash, cheque or card (cash preferred). The knitted hats and silicon swim hats help with visibility at the pond in poor light conditions so they are helpful to the lifeguards. These hats and the mugs and books also make great presents.

Please remember to renew your membership if you pay annually.  Renewal (still £5) is due by 1 April and if you renew now that will cover you until 31 March 2023. The quickest way to do this is via our new online payment system Member Mojo which you can find on the KLPA website. You can also use this to take out a life membership instead for £125 (or £80 if aged 65+). Your membership is important to the KLPA and we hope you will feel able to rejoin this year.


The Judicial Review hearing to challenge the current charging regime at the bathing ponds on grounds of disability discrimination takes place on 23-24 February 2022 at the Royal Courts of Justice.  Claimant Christina Efthimiou is being supported by the KLPA. There is still time to donate to the crowdfunding page for legal costs here, and to encourage friends, relatives or colleagues to do so as well. Thank you to everyone who has contributed; there have been over 400 donations so far.

THE AGM IS BACK AND IN PERSON

We are writing to inform you about the arrangements for the 2022 AGM of the Kenwood Ladies’ Pond Association.  This year we will be holding the meeting in person at:


 The Highgate Literary & Scientific Institution
(11, South Grove, Highgate, London N6 6BS)

Sunday 20 March 2022 at 3 pm
Followed by shared buffet until 5pm

At this meeting we will provide an update on the Association’s activities during the previous year and hear your views on priorities for the forthcoming year.  We hope to have news of an outcome from the Judicial Review by this date.  At the AGM our annual accounts will be put to the meeting for approval and Committee members elected for the following year.

If you are interested in standing for the KLPA Committee, please complete the attached nomination form (here), counter-signed by two other KLPA members who are nominating you.  You must all be fully paid-up members completing the form.  This can be returned by email as a scanned document to klpamailbox@gmail.com.  Ours is an active campaigning Committee and we encourage new members who can help to ensure that it is representative of the pond community.

At the AGM, we will also present an updated draft of the KLPA Constitution, which would require a two-thirds vote of those present to be accepted.  The current Constitution is here and the proposed update (with amendments highlighted) is here.  The Constitution was last reviewed in 2013.

Any additional resolutions need to be submitted in time to be circulated to members at least 14 days before the meeting, as required by our current Constitution.

If you are an annual member of the KLPA please remember to renew your membership which is still just £5 per year.  This entitles you to participate in the AGM, as well as receive regular updates and newsletters from the KLPA, including details of our social and campaigning activities.  Ways to pay for your membership are detailed below.

At the last in person AGM in 2020 it was not possible to hold our usual shared buffet, and the 2021 AGM was carried out by remote means due to public health restrictions in force at the time.  This year we are pleased to be able to invite members to bring food to share after the business of the meeting is completed, and the KLPA will be providing hot and cold drinks.

MEMBERSHIP RENEWAL

We have just set up an online option to pay for your membership by credit or debit card using “Member Mojo” and a link is on our website home page.  You will be able to use this to pay for annual or life membership. 
 

Alternatively, you can pay for your membership in person at the AGM (cash or cheque), or via bank transfer using the bank details on our Membership Form.  If you use bank transfer please use your surname as a reference and send a screenshot of the payment confirmation by email to klpamailbox@gmail.com so that we can identify your payment. 

The bank details can also be used to set up a yearly standing order (using your surname as reference), or you can choose to become a life member for £125 (or £80 if aged 65+).


HELP TO KEEP THE BATHING PONDS ACCESSIBLE

The Judicial Review hearing, which the KLPA has been supporting for nearly a year, is almost upon us.  The hearing will take place at the Royal Courts of Justice on 23-24 February 2022 and we will let members know how to show support on the day shortly

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 nearly £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. We are grateful for the support from our friends who swim at the Men’s and Mixed Ponds as well as supporters from further afield. Please help us to reach our target by donating here:

It is essential that the bathing ponds do not become an exclusive facility available only to those who can afford the increased and enforced prices.  Throughout 2020 and 2021 the KLPA attempted to engage with the City of London Corporation to keep this special place affordable; the background can beseen here and here.  Along with the other Heath swimmers’ associations we supported what was known as Option 2, to encourage payment from those who could afford it whilst not excluding anyone else.  The City of London Corporation ignored this and the recommendations of its own Hampstead Heath Consultative Committee to vote through increased, compulsory charges in March 2020.  Under the cover of the first national lockdown the infrastructure for this charging regime was put in place, and pleas for magnanimity in the face of a public health emergency were ignored. 

In 2021 the City proceeded to increase charges disproportionately for concession tickets, for a second year running and that led to the application for Judicial Review. Season tickets prices for concession holders were increased by 15-21% when other tickets went up by 1.3%.  The City also continued to refuse to allow for payment by instalment on season tickets which would have helped swimmers on a low income. A Support Fund, which was cited as justification for the 2020 charging decisions, has not materialised.  We have asked for evidence of the Social Prescribing which was also promised in 2020 but have not seen this either.

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 360 individuals have made donations. Please donate here: