Anti-Discrimination NSW


Down syndrome boy excluded from pool - Disability discrimination

Conciliations - Goods and Services

Publication date: February 2016 


The complainant said that she took her son, who has Down syndrome, to the local swimming pool, but they were ordered out of the pool and spoken to rudely by the pool attendants. She made a complaint of disability discrimination against the local council.

The council expressed regret at the complainant's experience at the pool. They explained that the complainants had not been asked to exit the pool but rather to vacate the particular lane they were using, as that lane was reserved for lap swimmers rather than general activities. ​

The complainant said that the effect of this was to exclude them from the pool, because the lane reserved for lap swimming was closest to the stairs and her son needed to use these to access the pool because of his disability.  ​


The respondent sympathised with the complainant's concerns and undertook to implement a new practice to ensure the pool was accessible to all patrons at all times. The complainant advised that she was satisfied with council's response to her complaint and she considered the matter resolved.​​

Back to February 2015 - ​​Equal Time Newsletter​

Related content:

Subscribe to e-newsletter​

Equal Time is the Anti-Discrimination Board’s FREE e-newsletter. 

​To subscribe please email:​​​

Copyright notice and disclaimer​

You may copy, distribute, display, download and otherwise freely deal with the content of Equal Time for personal, educational or government purposes, provided that you attribute the Anti-Discrimination Board of NSW as the owner.  

However, you must obtain permission if you wish to (a) charge others for the use of any content of the Board's publications or materials, (b) include any content of the Board's publications or materials in advertising or a product for sale, or (c) modify any content of the Board's publications or materials when reproducing it.  

Equal Time has been prepared by the Anti-Discrimination Board of NSW for general information purposes and is not legal advice. While every care has been taken in relation to its accuracy, no warranty is given or implied   Further, recipients should obtain their own independent advice before making any decisions that rely on this information.  ​​​