Hampstead Heath swimming and Health and Safety Regs

[cgsac]

I am referring to yesterday's case in the Courts where Hampstead Heath swimming club won the right to swim in Council run (open air) pools without lifeguard cover. Taken from today's Guardian website.......Mr Justice Burnton said that if an adult swimmer "with knowledge of the risks of swimming chooses to swim unsupervised, the risks he incurs are the result of his decision and not of the permission to swim"...does this essentially mean that dive clubs can argue that the Laws on Health and Safety do not require (as mandatory) lifeguard cover in council run pools.

In my ex-club we had a few battles over this one. But essentially, does it mean that pool owners(local authority managed etc) cannot hide behind Health and safety legislation, if a club chooses to swim "unsupervised" or cannot afford to pay for qualified lifeguard cover.

I am not stating however that surface cover should be scrapped in pool training, in fact I believe it is good practice.

However this ruling may be of use to some clubs who struggle financially/numerically or just bureaucratically over this issue (has this not been raised before on this earlier?)

Interested to hear what others think. Or problems they have encountered on this issue.

[David Walker]

...does this essentially mean that dive clubs can argue that the Laws on Health and Safety do not require (as mandatory) lifeguard cover in council run pools.

I'd avoid the *argue* bit - since they're under no obligation to let you use their pool at all, if you go in saying that you're allowed to do this this and this they'll just say no to using the pool at all!


However this ruling may be of use to some clubs who struggle financially/numerically or just bureaucratically over this issue (has this not been raised before on this earlier?)

If you went the more diplomatic route i'm sure you could make an effective case (with or without the court ruling you mentioned) for using your own instructors as more effective surface cover than their lifeguards. And your own instructors are free and probably there anyway, so problem solved. If the council is being particularly stubborn and saying that they have to make sure that qualified life guards are on site then the judgement may help, but frankly I can't see them being impressed with a legal ruling on what they'll probably see as a different issue.

Interested to hear what others think. Or problems they have encountered on this issue.

No problems - use University pool, and since we only use half they've always got the usual staff around to cover the other half anyway.

David