UPDATED SURVEY – 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.

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

We will be sharing this survey link with the other swimmers’ associations and beyond.  Please feel free to forward this link to any swimmers who you think might be interested, including those who no longer feel able to use the ponds due to the new charges.

DISCRIMINATION CASE COURT DATE

The KLPA is supporting a claim of discrimination arising from the charging regime at the Hampstead Heath Bathing Ponds.  Claimant, Christina Efthimiou, is a KLPA member who has been affected by the enforced and increased charges to swim, especially since the disproportionate increases to concession season tickets in 2021.  In August 2021 we received news this application for Judicial Review had received the permission of the High Court to proceed (press coverage here and here). This means that the court believes there is an arguable case.

We have recently received news that the case is listed for 1.5 days on 9 to 10 November 2021. The format of this hearing (in person, virtual or hybrid) will not be confirmed until nearer the time, depending on public health advice at that time. We will let KLPA members know when we have more information about this

We still need to raise funds
Thank you to everyone who has donated so far. The KLPA is continuing to fund raise for this case, to offset possible adverse costs. Details of our crowd funding page can be seen here. If you have not already donated, please consider helping the KLPA to keep the ponds accessible to all.  Even if you have already donated, please forward this email to any friends, family and colleagues who may be interested. The QR Code below can be used for this purpose too.

The Heath is being monetised and over regulated

Over the last couple of years, we have not only seen the enforcement and inflation of charges to swim.  The City of London Corporation has also done the following:

  • Under cover of Covid, regulated access to the ponds through use of online pre-booking in the summer season, even after most Covid restrictions have been lifted;
  • Introduced the use of Fixed Penalty Notices for infringements of the sometimes bizarre Heath bye-laws (items 34, 35, 39 and 47 make interesting reading);
  • Is introducing licences for dog walkers which they will have to pay for;
  • Started to explore the possibility of charging for toilets using contactless payment;
  • Tried to take out speculative injunctions against “persons unknown”, but had to drop this idea for Hampstead Heath when challenged in court over similar moves at Epping Forest (details here and here); and
  • Banned all night fishing at the Vale of Health (details here and here).

By challenging the charging regime at the bathing ponds, the KLPA is involved in a wider battle about how our Heath is managed by the City of London Corporation.  The KLPA continues to support the efforts of front line workers on the Heath, and our campaigning is focused on the decisions made by the Hampstead Heath, Highgate Wood and Queen’s Park Management Committee.


TIME TO BE SOCIABLE SWIMMERS AGAIN

It’s nearly two years since KLPA members were invited to the Men’s Pond for a shared breakfast, and longer still since we hosted our friends from the Men’s Pond at the Ladies’ Pond.  So much has prevented us from getting together in the meantime.  It is with pleasure that we send a long overdue invitation to the Highgate Men’s Pond Association to join us for breakfast on. Saturday 25 September 2021 from 8 to 10am.

There will still be some practical constraints on what we can do.  The KLPA will provide croissants, and we ask members to bring their own hot drinks, as we cannot access our usual window hatch to serve drinks from the lifeguards’ office. 

Our guests will be able to access swimming by using their wristbands or paying by card/cash as usual.  The refreshments and social gathering will take place on the upper meadow which can be accessed without paying, if not swimming.  This avoids congestion on the deck as well.  The changing area for the men who are swimming will be the spillway meadow.

KLPA merchandise including mugs and hi-viz knitted hats will be on sale near the stewards hut (price details here).

This event will be an opportunity to renew our friendships with swimmers from the Men’s Pond.  After a year and a half of pond closures and restricted access, we are continuing to claim back this space for our community of pond swimmers. 

KLPA fund raising towards the costs of a Judicial Review, challenging the charges to swim at the bathing ponds, continues.  The charges are being challenged on grounds of disability discrimination, and the claim has permission from the High Court to proceed.  Donations can still be made to our crowd funding appeal here or using the QR Code below. 

COMMITTEES AND OTHER EVENTS

The Hampstead Heath Consultative Committee meets again after nearly 5 months, at 5.30 pm on Monday 6 September 2021. This meeting will have a virtual public gallery which can be viewed here. The full agenda pack, which is significantly shorter than usual, can be downloaded here. Items of note include the arrangements for the winter swimming season (page 30) and the continued intention to consider proposals for contactless payment to access Heath toilets (page 50). Draft guidance on the use of drones on the Heath is contained at pages 33-35.

The next meeting of the Hampstead Heath, Highgate Woods and Queen’s Park Management Committee is at 4pm on Wednesday 29 September 2021. Details of the agenda pack are not yet available but should be uploaded here later in September.

The KLPA is continuing to fundraise to support legal action against the City of London Corporation, challenging the discriminatory charging regime at the bathing ponds.  The application for Judicial Review has permission to proceed. Details of our crowdfunding page are here. For quick access we have created a QR Code which you can use to encourage friends, colleagues and relatives to donate:

Thank you for your continued support.

AGI KATZ 1937-2021

Agi Katz and her daughter Julia Landes at the Ladies’ Pond in 2020

We have received the sad news that Agi Katz, a long-term Ladies’ Pond swimmer and KLPA member, died on 12 August 2021. Agi will be remembered fondly by many of our community, and had been a regular year-round pond swimmer since the 1990s. She swam a distinctive side-stroke and was a kind, welcoming presence at the Ladies’ Pond.

Agi, who survived the Nazi occupation of Hungary from 1944, arrived in England as a refugee following the 1956 Hungarian Uprising. She lived near to the Heath on the Holly Lodge Estate, and for many years ran the Boundary Gallery. In 2019 Agi was diagnosed with cancer but did not let this put her off an active life. The Covid-secure measures at the Ladies’ Pond from July 2020 actually made it possible for her to continue to swim safely and her daughter Julia has praised the support of the Lifeguards in making this happen.

In 2020 the Highgate Literary & Scientific Institution and photographer Ruth Corney produced “Remarkable Highgate Women” which included Agi’s story here.

On Wednesday 18 August 2021, Agi’s daughters Julia and Alex would like to invite her friends to gather at the Ladies’ Pond and join a swim at 9.15 am, followed by breakfast, and shared memories of Agi.

JUDICIAL REVIEW CAN PROCEED

We have been informed that the legal case against the City of London Corporation, challenging the new charging regime at the bathing ponds, has been granted permission to proceed.  Individual claimant Christina Efthimiou, supported by the KLPA, has claimed that these charges amount to indirect disability discrimination and a failure to make reasonable adjustments, in breach of the Equality Act 2010.

This granting of permission means that the High Court has agreed that there is an arguable case. Until now the City of London Corporation has been dismissive of the concerns raised by the Heath swimmers’ associations about exclusion at the bathing ponds, so this decision is encouraging. We thank the legal team at Leigh Day for their diligent work on this case.

The KLPA and the other swimmers’ associations sought from early 2020 to work with the City of London Corporation to increase income at the bathing ponds without excluding those who cannot afford to pay. This approach was rejected in March 2020, but the swimmers’ associations have continued to offer to work with the City to address the shortcomings of their new arrangements. The City could still work with us constructively.

In the meantime we do still need to fund raise to support the cost of this challenge and potential adverse costs – PLEASE DONATE HERE

Today’s press coverage of this legal challenge can be seen here (Guardian 10 August 2021).

Thank you to everyone who has supported the fund raising so far, please encourage your friends and family to donate if possible.

CELEBRATING 150 YEARS OF THE HAMPSTEAD HEATH ACT

This year marks the 150th anniversary of the Hampstead Heath Act, when the Heath was protected from development and commercialisation by an Act of Parliament. Just one year ago we formed a protective circle around the Ladies’ Pond and protested against the enforcement and inflation of charges to swim. After a year of further lockdowns, restricted access to the bathing ponds and more increases in the charges to swim, it is time to reclaim our space at our pond.

On 1 August 2021 the KLPA invites members to a picnic on the upper meadow between 10 am and midday, to make use of the capped free flow period at the pond. The upper meadow is now free to access by women and girls. An open air event, where there is plenty of space will allow us to gather safely at our pond. Please bring a picnic brunch, as we are not yet in a position to arrange a shared feast (we hope that will be possible before too long). 

KLPA merchandise will be for sale including a new design of mug, featuring another of Sue Hellard’s cartoons depicting autumn at the pond.  Mugs are £10 each or £35 for a seasonal set of four.  Please bring correct money if possible, or pay by cheque.

We look forward to seeing many old friends and meeting newer KLPA members.

“Just say no” does not work

Open water swimmers are fighting back against attempts to blame them for recent drowning deaths. This article explains that water safety education is a more effective approach than prohibition. 

Outdoor Swimming Society founder Kate Rew urges a more realistic approach and adds, “What England and Wales need are inland beaches like those on the coast. We do not want to queue up and pay for a swim, we want to swim as people walk: at 5am, for three minutes, at midnight, for hours, before or after a picnic. Alone, with friends, with our families.

(Scotland already has an aquatic right to roam).

WATER QUALITY TEST RESULTS

We have received updated water quality test results for the bathing ponds, from the Heath Superintendent.  These indicate that water quality has improved significantly since the flooding and suspected sewer overflow incidents on 12 July 2021. The Ladies’ Pond re-opens on 20 July 2021 and its test results are shown below:

Test results from the Ladies’ Pond for 2020 are attached here, for comparison.  Last year the Ladies’ Pond was closed due to sewage contamination incidents 17-25 September 2020 and 4-11 October 2020.

An explanation of bathing water standards as defined by the Environment Agency can be seen here.

If you have any continuing questions or concerns about the cleanliness of the Hampstead Heath bathing ponds, please contact:
Anne.Fairweather@cityoflondon.gov.uk
Bob.Warnock@cityoflondon.gov.uk
HH-swimming@cityoflondon.gov.uk

Please copy to klpamailbox@gmail.com.

LADIES’ POND OPENING AND UPDATES ON BOOKING

We have just received notification that Kenwood Ladies’ Pond will re-open on Tuesday 20 July 2021, following improved water quality test results over the weekend.

Swimmers who booked sessions today can still use these at Parliament Hill Lido.

With effect from 20 July 2021 the maximum bather load at the Ladies’ Pond will increase to 100.  The times for capped free flow access and pre-booking have changed a little and the capped free flow session in the morning has been extended: 

07.00 – 11.30 Free flow (last entry 11.00)
 
12.00 – 13.00 pre book
 
13.15 – 14.15 pre book
 
14.30 – 15.30 pre book
 
15.45 – 16.45 pre book
 
17.00 – 20.30 free flow (last entry 20.00) 

Booked sessions should still be accessed via Eventbrite.  If you experience any issues with booking sessions or seeking refunds please email HH-swimming@cityoflondon.gov.uk.

The telephone booking line for those with difficulties using the online booking system is 020 7332 3779.

Girls aged 8-15 may now also return to the Ladies’ Pond, and subject to a swim test, enjoy the waters with a competent adult swimmer. Girls who have successfully completed a swim test will be issued with a wrist band to signify this.

Further details about the above news are contained in the most recent email from the Heath Superintendent here.

Feedback on the booking system should be sent to:

Anne.Fairweather@cityoflondon.gov.uk
Bob.Warnock@cityoflondon.gov.uk
HH-swimming@cityoflondon.gov.uk

Please copy to klpamailbox@gmail.com

POND CLOSED UNTIL AT LEAST 19 JULY

We have received a further update from the City of London Corporation. Water quality test results received today remain unsatisfactory, although the levels of E.coli and Enterococci are beginning to reduce. The situation will be reviewed again on Monday 19 July 2021 and the bathing ponds will remain closed in the meantime.

Swimmers who had booked tickets to swim at the ponds up to 18 July 2021 may use these at Parliament Hill Lido. You are asked to attend as close as possible to the time booked, although the time slots offered at the Lido differ somewhat from those at the ponds.  Refunds can also be requested via Eventbrite. Further bookings on Eventbrite for the bathing ponds are suspended for the week commencing 19 July 2021. If you are having any difficulty accessing a swim at the Lido or getting a refund please contact HH-Swimming@cityoflondon.gov.uk.

The City of London Hampstead Heath twitter feed has now been updated.

Recent local press coverage of the flooding and contamination on the Heath can be seen here (CNJ letters) and here (Ham & High).

In the midst of all of the bad news of pond contamination, there is some positive news. The large meadow at the Ladies’ Pond is now open to access, free of charge and no booking needed, for women and girls. The nearest available toilets will be in Millfield Lane. Whilst swimming will not be available, this space is open for sunbathing, snoozing and contemplation. This access has been negotiated by the KLPA with Heath operational managers.