Between January and March 2020, the KLPA and other swimming associations representing Heath swimmers participated in a consultation with the City of London on the future management of the swimming ponds on Hampstead Heath. We remain opposed to the decision taken by the City on 11 March 2020 to increase charges by 100% for a standard ticket and 140% for concessions and to replace ‘self-policed’ charges with an enforced compulsory payment system. We have summarised below the background to the consultation and its outcome.<\/p>\n\n\n\n
Subsequently, the City of London has imposed further increases in charges which we continue to oppose and which we believe have a disproportionate impact on swimmers qualifying for concessionary rates.<\/p>\n\n\n\n
Please see Visitor Information<\/a> for details of current charges.<\/p>\n\n\n\n
HISTORY<\/strong><\/p>\n\n\n\n
<\/span><\/u>LEGAL BACKGROUND<\/strong><\/p>\n\n\n\n
In 2005 the City of London attempted to close the Mixed Pond (one of three swimming ponds on Hampstead Heath) as a cost-cutting measure and was prevented from doing so by public protest and action. The City also proposed to introduce compulsory charges for swimming in the ponds, which historically had always been free. In the face of fierce public opposition (documented in the film City Swimmers<\/em> available to view in the KLPA gallery<\/a>) the Hampstead Heath, Highgate Wood and Queen’s Park Committee finally resolved that \u2018From 1 June 2005, a self-policing \u00a32 charge (\u00a31 concessions) and an annual payment scheme giving unlimited use for regular swimmers at all three ponds be introduced, producing an estimated income of \u00a380,000.\u2019<\/em><\/strong><\/p>\n\n\n\n
Greater London Parks and Open Spaces Act 1967<\/strong><\/p>\n\n\n\n
The City\u2019s legal obligations, towards staff and swimmers, for management of the swimming ponds are contained in the Health and Safety at Work Act 1974<\/strong><\/p>\n\n\n\n
Section 2. General duties of employers to their employees<\/p>\n\n\n\n
It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.<\/p>\n\n\n\n
Section 3. General duties of employers and self-employed to persons other than their employees It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.<\/p>\n\n\n\n
Note: The City is an \u2018employer\u2019 and the swimming ponds are an \u2018undertaking\u2019.<\/em><\/p>\n\n\n\n
CHARGING AT THE SWIMMING PONDS (as at March 2020)<\/strong><\/p>\n\n\n\n
Since introducing its controversial charges in 2005, the City has regularly complained that too few swimmers have complied with the \u2018self-policed\u2019 payment regime. While a significant number of pond users continue to believe that the introduction of charges was wrong in principle, many others have concluded that it is reasonable to pay at the rate of \u00a32 (\u00a31 concessions) or to buy a six-month or annual season ticket. This was confirmed in a survey conducted by the swimming associations of around 1,000 regular swimmers in February 2020 in which 75% stated that they were willing to pay at then current rates.<\/p>\n\n\n\n
However, as user groups have repeatedly reminded the City at every opportunity, in order to collect revenue they need to make it much easier for people to pay. The City has failed to do this in a number of ways which can be summarised as (a) practical difficulties preventing or discouraging payment, and (b) poor signage and communication. Given this failure over a fifteenyear period, swimmers received a strong impression that the City itself did not take the charges very seriously. Until lockdown on 23 March 2020 (at which point the ponds were already closed and season ticket purchase suspended), the ways in which swimmers could contribute to pond income were as follows:<\/p>\n\n\n\n
Donations<\/strong><\/p>\n\n\n\n
Contribution Box<\/strong> \u2013 cash can be placed in a sealed \u2018contribution\u2019 box on site. The purpose of the box is not stated and, at the Mixed and Ladies\u2019 Ponds, the box is not located by the payment machines. The concept of a \u2018donation\u2019 as opposed to a paid ticket is not explained, and it is therefore unclear how making a donation or contribution relates, if at all, to buying a ticket. The failure to secure the contents of the boxes, and to empty them on a daily basis, has resulted in the contents being stolen on a number of occasions.<\/p>\n\n\n\n
Online<\/strong> \u2013 the CoL website purports to offer a method of making an online donation to the Hampstead Heath registered charity. Any intending donor would spend significant time endeavouring to make a payment online and eventually receive an instruction to send the City an email; he\/she would not be able to donate online but could waste time trying and failing to do so.<\/p>\n\n\n\n
Payment for tickets<\/strong><\/p>\n\n\n\n
Cash on site<\/strong> \u2013 insert two one-pound coins into a parking meter machine at or near the site entrance (and not clearly signposted or marked). No change is given and the machines are often out of order because they were not designed for this type of frequent use.<\/p>\n\n\n\n
Season ticket<\/strong> \u2013 an alternative option for regular swimmers that, until 2019, had to be purchased in person at the Parliament Hill Lido in Gospel Oak. With minimal publicity an online payment system was introduced in 2019, but the season ticket holder received no physical ticket or pass, or even a receipt for their payment (these items can only be obtained by making a personal visit to the Lido during its opening hours, although online purchasers are not advised of this fact). <\/p>\n\n\n\n
Signage<\/strong><\/p>\n\n\n\n
The signage is inconsistent, confused and varies without apparent reason from pond to pond. In all cases the messaging is unclear and contradictory, as are the means by which visitors might pay.<\/p>\n\n\n\n
HAMPSTEAD HEATH SWIMMING REVIEW (January-March 2020)<\/strong><\/p>\n\n\n\n
On 7 January 2020 the City of London (CoL) initiated a review of swimming on Hampstead Heath and a consultation on management of all swimming facilities on the Heath (the Lido and three swimming ponds). Over the course of a number of formal and informal meetings and discussions with representatives of the main user groups: the Highgate Men\u2019s Pond Association (HMPA), Kenwood Ladies\u2019 Pond Association (KLPA), Mixed Pond Association (MPA), Parliament Hill Lido Users\u2019 Group (PHLUG), United Swimmers Association (USA), the City unveiled its proposals for managing the swimming ponds and charging for access and use.<\/p>\n\n\n\n
The CoL launched the review with the declared objective to \u2018secure the long-term sustainability of the Hampstead Heath swimming facilities\u2019, In the light of exceptional 2018 and 2019 summer seasons and a fatality at the Highgate Men\u2019s Bathing Pond in summer 2019, taking into account:<\/p>\n\n\n\n
Following consultative Swimming Forum meetings on 14 January and 4 and 11 February, the CoL revealed its recommendations at the Hampstead Heath Sports Forum meeting on 24 February (a meeting at which the swimming pond user groups are not normally represented, although on this occasion the chair of the KLPA was in fact invited to attend by the chair of Parliament Hill Lido User Group) and proposed the following options for a new charging model to be implemented at the swimming ponds from 2 May 2020 (annotations in bracketed italics were added by swimming groups to indicate what we understood the CoL to intend, these points were shown to CoL and none was challenged).<\/p>\n\n\n\n
Option 1 – Maintain the existing \u2018self-policing\u2019 charges <\/strong><\/p>\n\n\n\n
A \u2018self-policing\u2019 charge would continue to be operated at the bathing ponds to collect the approved charges<\/strong> (see notes below) and meet the agreed level of subsidy<\/strong> (see notes below). <\/em><\/strong><\/p>\n\n\n\n
Option 2 \u2013 Adopt \u2018applied\u2019 charges \u2013 supported by Heath Rangers <\/strong><\/p>\n\n\n\n
Collect the approved charges<\/strong> from 2 May 2020 to meet the agreed level of subsidy<\/strong>. It is proposed that charges would be applicable at the point of entry for the bathing ponds. Heath Rangers would support the culture of payment at the ponds [and occasionally attend the ponds]<\/em>, this builds on the existing practice at the Mixed Pond during the summer season. [Non-payers would not be<\/strong><\/u> excluded.]<\/em><\/p>\n\n\n\n
Option 3 \u2013 Adopt \u2018applied\u2019 charges \u2013 managed by Heath Rangers <\/strong><\/p>\n\n\n\n
Collect the approved charges<\/strong> from 2 May 2020 to meet the agreed level of subsidy<\/strong>. It is proposed that charges would be applicable at the point of entry for the bathing ponds. Heath Rangers will oversee and ensure payment. [Non-payers would be<\/strong><\/u> excluded.]<\/em><\/p>\n\n\n\n
Option 4 \u2013 Adopt \u2018applied\u2019 charges \u2013 managed using a gate entry system <\/strong><\/p>\n\n\n\n
Collect the approved charges<\/strong> from 2 May 2020 to meet the agreed level of subsidy<\/strong>. It is proposed that charges will be applicable at the point of entry and managed using a [locked] <\/em>gate entry system to ensure payment. This option would require Capital Investment and implementation would need to be phased. [Heath Rangers would still be on duty; non-payers would be<\/strong><\/u> excluded.]<\/em><\/p>\n\n\n\n
Option 5 \u2013 Reduce the swimming offer to reduce expenditure<\/strong><\/p>\n\n\n\n
Introduce a morning \u2018members only\u2019 swimming club to reduce Lifeguard hours in the winter. Applying annualised hours to the Lifeguards\u2019 work arrangements and reducing the number of swimming hours to align with the agreed subsidy<\/strong> and income from charges<\/strong>.<\/p>\n\n\n\n
[N.B. For Options 3 and 4 a CoL administered \u2018hardship fund\u2019 is proposed for swimmers who cannot afford a season ticket.]<\/em><\/p>\n\n\n\n
CoL officers recommended Option 3.<\/strong> They said: \u2018This option establishes clear and fair arrangements to collect the agreed charges, in-line with the Hampstead Heath Swimming Regulations. The current Self-Policing model has not proved an effective mechanism to collect the approved charges. However, recognising the unique environments of the Bathing Ponds, this option to collect the approved charges without installing significant infrastructure should be trialled in the first instance. The CoL welcomes the opportunity to continue to collaborate with the Swimming Associations to establish a culture of payment to meet the agreed level of subsidy.\u2019<\/p>\n\n\n\n
CoL also said:<\/strong> \u2018The Swimming Associations have robustly indicated their support for Option 1 <\/strong>and that the CoL implement an effective payment collection system based on voluntary contributions. In support of this approach the Associations have indicated their willingness to promote a culture of payment at the Ponds and to encourage the purchase of Season Tickets.\u2019 In fact the swimmers\u2019 associations had clearly campaigned in support of Option 2 (not Option 1)<\/strong>, which they regarded as a realistic compromise with the CoL that would avoid excluding those unable to pay or who genuinely regard non-payment as a matter of principle. The associations\u2019 active promotion of a new \u2018culture of compliance\u2019 with the existing charges and purchase of season ticket had already resulted in rapidly increasing sales of season ticket in the first two and half months of 2020 (a fact not acknowledged by CoL in any of its formal meetings or documents).<\/p>\n\n\n\n
NOTES<\/strong><\/p>\n\n\n\n
Approved charges:<\/strong> The CoL proposed a range of options for charging from 2 May 2020 and recommended: <\/p>\n\n\n\n
Adult day ticket \u00a34.00 (100% increase)<\/strong><\/p>\n\n\n\n
Concession day ticket \u00a32.40 (140% increase)<\/strong><\/p>\n\n\n\n
Season ticket (existing and new) frozen at current rates until April 2021 Free morning swims until 9.30am for over 60s and under 16s.<\/p>\n\n\n\n
The CoL proposal was based on projected expenditure of \u00a31,061,000 on the ponds in 2020\/21. At the proposed rates they said they expected to generate income of \u00a3618,000 and provide a subsidy from CoL of \u00a3443,000 (42%).<\/p>\n\n\n\n
Agreed subsidy: <\/strong>Based on the charges suggested above, the CoL recommended an agreed subsidy of \u00a3443,000 (42%) for 2020\/21. With current rates of swimmer payment of charges remaining at \u00a367,000 their subsidy of the projected costs of \u00a31,061,000 would amount to \u00a3994,000 (94%).<\/p>\n\n\n\n
These proposals were put forward for consideration by the Hampstead Heath Consultative Committee (HHCC) on 9 March at which the swimming associations were invited to make brief presentations in support of their preference for Option 2 with no increase in charges.<\/p>\n\n\n\n
The HHCC (which comprises members of the local community with close ties to and knowledge of the Heath and its users and surrounding population) overwhelmingly supported adoption of Option 2 for at least a trial period of one year (to 2021) and recommended this to the Hampstead Heath, Highgate Wood & Queen’s Park Committee (the Hampstead Heath Management Committee or HHMC).<\/p>\n\n\n\n
On 11 March the HHMC, which is composed largely of representatives elected by wards within the City of London (without the benefit of regular contact with the Hampstead Heath local environment and users) met at the Guildhall and voted to disregard the HHCC by approving Option 3 and increasing charges with effect from 2 May 2020, having first called on the City\u2019s Chief Solicitor to confirm that this unprecedented action was permissible under the 1989 Transfer Order.<\/p>\n\n\n\n
Although the HHMC is not legally obliged to follow the recommendations of the HHCC, it has invariably done so in the past. This is why local amenity organisations and charities, such as the Heath & Hampstead Society, the Highgate Society, the Vale of Health Society and the Hampstead Garden Suburb Residents\u2019 Association (all of which are represented on the HHCC), all supported the City\u2019s 2018 City of London Corporation (Open Spaces) Act, a private Act passed at the City\u2019s request, to regulate the future management of the Heath and the commercial use of it. These organisations were assured by the City that the HHMC would always follow the clear views of the HHCC. Moreover, such an undertaking was given by City to the House of Lords Committee on the Bill (see extract from Hansard<\/a>, 13 December 2017).<\/p>\n\n\n\n
CONCLUSION<\/strong><\/p>\n\n\n\n