Disabled swimmer begins court fight over prices at London bathing pond
Christina Efthimiou says the costs to use Kenwood Ladies’ Bathing Pond on Hampstead Heath ‘give rise to unlawful disability discrimination’.
A disabled swimmer has begun a High Court fight over ticket prices at a bathing pond in London.
Christina Efthimiou, 60, claims the costs to use Kenwood Ladies’ Bathing Pond on Hampstead Heath “give rise to unlawful disability discrimination”.
She has taken legal action against the City of London and a judge is considering argument at a High Court hearing in London.
A barrister representing Ms Efthimiou, who lives in Camden, told Mr Justice Cotter on Wednesday there are “real barriers” to disabled swimmers using the pond because of the pricing scheme.
Zoe Leventhal said Ms Efthimiou had tried to “engage” but the City of London was not willing to make adjustments.
“It is the only natural bathing pond in London. It is a special and wonderful place for women,” she said.
A spokeswoman for law firm Leigh Day, representing Ms Efthimiou, had said before the hearing began: “Ms Efthimiou argues that the new 2021 charging regime, which came into effect on April 1, 2021, disproportionality adversely affects people with disabilities.
“Ms Efthimiou argues that by adopting the new charging regime, the City of London has breached its duty to make reasonable adjustments.”
She said the claim was supported by the Kenwood Ladies’ Pond Association, of which Ms Efthimiou was a member.
A barrister representing the City of London told the judge that Ms Efthimiou’s claim should be dismissed.
“Ticket prices are cheap, relative to the ponds’ operating costs,” he said.
“Prices for disabled swimmers are even cheaper. All disabled swimmers receive a 40% discount.”
He said the standard price for a single swim is £4.05 and disabled swimmers pay £2.43.
Ms Leventhal told the judge, in a written argument: “The defendant said it has already reasonably adjusted the terms on which it grants disabled swimmers access to the ponds.
“The claimant says it has not.
“The claimant’s case is accordingly that the defendant has failed in its duty to make reasonable adjustments.”
She added: “The claimant alternatively claims that the charging policy is indirectly discriminatory.”
Ms Leventhal said the pond was unique, adding: “The Kenwood Ladies’ Pond is the only natural bathing pond, exclusively for women, in Europe.
“It is a unique space; for many women and girls it provides an outdoor single-sex sanctuary that is simply unavailable in other parts of everyday life.
“Those women and girls include those with physical and mental disabilities, victims of violence and abuse, and those from faith groups that demand modesty.”
Ms Efthimiou watched the hearing via a video link but a number of her friends and fellow swimmers were in court – and posed outside for photographs in their swimsuits.
