• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • About DNS
  • Subscribe to DNS
  • Advertise with DNS
  • Support DNS
  • Contact DNS

Disability News Service

the country's only news agency specialising in disability issues

  • Home
  • Independent Living
    • Arts, Culture and Sport
    • Crime
    • Education
    • Employment
    • Housing
    • Transport
  • Activism & Campaigning
  • Benefits & Poverty
  • Politics
  • Human Rights
You are here: Home / Independent Living / Landmark court ruling over leisure club’s inaccessible swimming pool
James Plummer sitting in his wheelchair in front of some trees

Landmark court ruling over leisure club’s inaccessible swimming pool

By John Pring on 14th June 2018 Category: Independent Living

Listen

A company that runs a leisure club on a luxury housing estate discriminated against a disabled man by repeatedly refusing to make the adjustments that would allow him to use the swimming pool, according to a court’s “landmark” judgement.

James Plummer (pictured) has secured the legal judgement after an “epic struggle” that has lasted nearly seven years.

The main reason he and his wife moved to a flat on the Royal Herbert Pavilions estate was that it would allow him to use its leisure club, which included a heated pool.

Swimming is the only type of physical activity he can enjoy, because of his multiple sclerosis.

From August 2011, the Plummers sent repeated emails asking for adaptations that would make access to the pool easier and safer for him, but they were all rejected.

The management company that runs the estate and owns the leisure club – Royal Herbert Freehold (RHF) – told them that it only carried out improvements that would benefit all residents.

RHF even sent a survey to all residents of Royal Herbert Pavilions asking for their opinion on Plummer’s requests for adaptations.

Central London County Court concluded that this survey was “humiliating”, “reinforced existing prejudices” and “should never have been circulated”.

It said this was just one of a series of “humiliating and demeaning” obstacles and hurdles that were placed in Plummer’s path by RHF.

In 2014, Plummer submitted costings for work to make the leisure club more accessible to him, following an audit which found that it would cost only about £5,000 plus VAT.

That same month, Greenwich council agreed to refund the club £78,000 in overpaid business rates, but Royal Herbert still refused to carry out the work.

The court said there needed to be a “sea change in attitude” towards disabled people by Royal Herbert and found that it had subjected Plummer to indirect discrimination.

The court found that the management company was acting as a service provider, and not as a landlord, and so had an “anticipatory duty” under the Equality Act to consider adjustments for disabled people.

It found that RHF had breached that duty to make reasonable adjustments and had been discriminatory in the works it carried out.

The court awarded Mr Plummer £9,000 in damages for injury to feelings, which is believed to be the highest award for such a claim.

A landlord would have had no such duty to make reasonable adjustments, although the government finally agreed in March that it would bring into force long-awaited laws – under the Equality Act – that will impose a duty on landlords to allow disabled tenants to make access improvements to the common areas of residential properties.

Plummer said: “From the beginning I could see that RHP were unwilling to help, as they seemed to regard my needs as a distraction.

“This epic struggle has worn me out over the last five years. My health has declined and paying for a facility I cannot use has been upsetting.”

Leigh Day, the legal firm that represented Plummer, said the case could help other disabled people in accommodation with leisure facilities that are managed by a management company or housing association.

Nick Day, from Leigh Day, said: “This is an incredibly powerful moral and legal victory for Mr Plummer, and vindication for the claim he pursued.

“All Mr Plummer wanted to do was use a swimming pool, not only for the simple enjoyment of swimming, but because it was the only physical activity he could do.

“Mr Plummer just wanted a level playing-field, and this was denied him for years.

“This denial not only isolated him, and caused him to have to go through protracted and complex legal proceedings, but also had a significant impact on his well-being.”

He said the judgment “should now be a warning to all management companies and housing associations operating a leisure facility in a similar manner that they must make the reasonable adjustments for the benefits of a disabled resident”.

A spokesperson for the Equality and Human Rights Commission, which helped fund Plummer’s case, said: “The Equality and Human Rights Commission supported this case as it highlighted a gap in the law around reasonable adjustments and it wanted to ensure management companies are aware of their responsibilities to help disabled people overcome barriers.

“The commission is considering follow-up action with RHF Ltd.”

An RHF spokesman declined to comment because he said the judgement was “still in discussion with the board”.

Share this post:

Share on X (Twitter)Share on FacebookShare on WhatsAppShare on RedditShare on LinkedIn

Tags: disability discrimination EHRC equality act Greenwich Leigh Day Royal Herbert Pavilions

A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Related

Disabled students set to protest over cuts in support
12th June 2025
DWP hides truth from coroner on exactly what happened in lead-up to Jodey Whiting’s suicide
5th June 2025
Call for public inquiry into deaths after coroner rules suicide was ‘triggered’ by DWP
5th June 2025

Primary Sidebar

On the left of the image are multiple heads of different colours - white, aqua, red, light brown, and dark green - all grouped together, then the words ‘Campaign for Disability Justice. Sign up to support. #OpportunitySecurityRespect’
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Access

Latest Stories

‘Disastrous’ cuts bill that leaves legacy of distrust and distress ‘must be dropped’

Four disabled Labour MPs stand up to government over cuts to disability benefits

Silence from MP sister of Rachel Reeves over suicide linked to PIP flaws, just as government was seeking cuts

Disabled people receiving care were ‘ignored by design’ during the pandemic, Covid inquiry hears

Disabled activists warn Labour MPs who vote for cuts: ‘The gloves will be off’

GB News says it has nothing to apologise for, after guest suggests starving disabled benefit claimants

SEND inspections find services in just one in four areas usually lead to ‘positive’ outcomes for disabled children

Disabled MP who quit government over benefit cuts tells DNS: ‘The consequences will be devastating’

Disabled peers plan to ‘amend, amend, amend, amend, amend’ after assisted dying bill reaches Lords

Minister finally admits that working-age benefits spending is stable, despite months of ‘spiralling’ claims

Advice and Information

Readspeaker
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Footer

The International Standard Serial Number for Disability News Service is: ISSN 2398-8924

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Bluesky
  • Facebook
  • Instagram
  • LinkedIn
  • Threads
  • Twitter

Copyright © 2025 Disability News Service

Site development by A Bright Clear Web