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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I am 80 years old, registered disabled (in receipt of

Customer Question

I am 80 years old, registered disabled (in receipt of Disability Living Allowance), with Type 2 diabetes and COPD (due to carbon monoxide poisoning). I have bones missing in my feet, and have arthritis, which prevents me going for walks. The only exercise I can take is to swim. This I have been doing for years as soon as the pool opens at 7:30 am. I have been used to swimming for a half hour non-stop between 7:30 and 8:00. This frees up my body and makes it possible for me to reach a moderate degree of activity during the day. If I don't swim, I am seized up and inactive. I have swum at the hotel for several years since moving to this town. It is the only swimming pool here. It is very small (8.5 metres), but it's adequate and I swim six sets of twelve lengths, all on my back (due to having broken my neck and also having a damaged pelvis). Each set of twelve lengths exercises a different part of my body. All has been well and successful until May when another member, who always swam during the day, decided to start coming at 7:30 too. She insists on putting on a current machine in front of which she stands to do ten minutes of exercise, before moving to the side and doing other exercises. The machine is operated on a time switch so continues after she has moved away from it. Unfortunately, in such a tiny pool, no other swimmer can swim properly with this machine on - only the one swimming against it. Everyone else is caught up in the current and pushed outwards to the side of the tiny pool. While the machine is on, I spend all my efforts just trying to swim in a straight line without being banged against the side wall, and on one occasion I hurt my pelvis, such was the force. The other member (I won't call her a swimmer because she only does exercises standing in the pool) insists it is her right to use the machine if she wants to, and this has been upheld by the very sweet but ineffectual manager of the spa, because she is frightened of the other member.
I have had to restrict my swimming to Fridays, because the other member goes on the other weekdays. As a concession (and because I have always paid full membership instead of a reduced amount for only weekday swimming until this year) I have been told I can swim on Saturdays and Sundays. But I can't swim on Saturdays, anyway. So that means I am only getting two days swimming out of the seven. Then, of course, when I have a hospital visit on a Friday, I can only swim on Sunday. There is nowhere else I can go to swim.
My health is suffering badly, and I am finding it difficult to walk around or move my body as a result of not being able to swim. And I am in a lot of pain now because I'm not getting the exercise my body needs. Also, my blood sugar is rising because of the lack of the exercise it has always been used to, and I don't want diabetic complications.
I have been horrified at the lack of help from the hotel staff who have been intimidated by the other club member in the past and don't want to lay down the law to her, which she won't like. I get on well with all the staff, but can see they think I'm easier to fob off than the other lady.
NOW someone has told me the Spa Club (which has a few hundred members) are breaking the law because I, who have been a member for a few years, am now being discriminated against and no longer allowed to swim in the safe environment I hitherto enjoyed and on which I rely for my well-being. Please can you tell me where I stand on this. Thank you very much. It is so important for me to get back to being able to swim on a daily basis. It won't be long before I'm being consigned to a wheelchair if I can't get the exercise on which my life depends.
Thank you for any help and advice you can give.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

What reason have they provided for not allowing you to swim in the safe environment?