Disabled claimant nets permission for judicial review challenge over Hampstead Ponds charging regime

A High Court judge has given a disabled swimmer permission to bring a judicial review challenge over the new charging regime for Hampstead Ponds.

The judge said Christina Efthimiou’s case against the City of London was arguable under the Equality Act 2010.

Efthimiou is supported in her legal claim by the Kenwood Ladies’ Pond Association (KLPA), of which she is a member.
 
Her lawyers, Leigh Day, said it now cost £75.97 for a 12-month concessionary season ticket, which the claimant argues is not affordable for disabled people who rely on benefits to pay out in one go. She also argues that the single ticket prices are prohibitive to people on low income. 
 
The law firm said: “All non-concessionary rates were increased in line with inflation at 1.3%, but the cost of a six-month pass for those eligible for a concession was increased by 21.5% and a 12-month concession pass by 15.1%. The City of London has also refused to allow disabled people to spread the cost of a season ticket by paying monthly nor properly consider an affordable level of charges for disabled people on low income.”
 
Leigh Day said Efthimiou would argue that by adopting the new charging regime the City of London had breached its duty to make reasonable adjustments and had discriminated against her and other disabled people contrary to Section 19 of the Equality Act. 
 
She will ask the court to quash the City of London’s decision to adopt the increased charges and declare that the new charging regime amounts to unlawful discrimination in respect of disabled people.
  
Christina Efthimiou said: “I used to be able to swim regularly at the ponds, at very little cost, or even for free. The introduction of charges has priced me out of an activity that was hugely beneficial to my physical and mental health. How can it be fair that use of the ponds has effectively become the preserve of the better off and able-bodied? I feel the charges have discriminated against me as a disabled person and I hope the Court will agree.”
 
Kate Egerton, solicitor at law firm Leigh Day, said: “The Court has agreed that the City of London’s charging regime for swimming at the Ponds needs to be examined to ensure that it does not unlawfully discriminate against disabled people. We have significant evidence, from both our client and other disabled swimmers, about the exclusionary nature of the charges, and consider that the City of London could devise a scheme that meets its equality obligations simply and at minimal cost. We are therefore feeling positive that the Court will find in Christina’s favour.”

A spokesperson for the City of London Corporation told The Guardian: “The Hampstead Heath charity offers a 40% swimming discount to disabled people, and a season ticket brings the cost down to as little as £1.46 per week.

“We subsidised swimming at the bathing ponds by nearly £600,000 last year and we offer a comprehensive support scheme, including free morning swims for under-16s and over-60s. Concessions apply to disabled people and those in receipt of state benefits.”

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