Paralympic gold medalist Ollie Hynd, who in March was classed up from S8 to S9 at the Denmark World Para Swim Series stop, has successfully appealed his new status and will return to S8 – at least for now.
Following his reclassification in March, Hynd released a statement saying that he was “heartbroken and confused.”
His representing agency, 19 Eleven, released the following statement last Wednesday:
Following the re-classification of Oliver Hynd MBE from S8 to S9 in freestyle, butterfly and backstroke at the World Series Para Swimming event in Copenhagen, Denmark, in March 2018, Hogan Lovells and Chris Stoner QC lodged an appeal on Ollie’s behalf on the grounds that the re-classification process was deeply flawed. This was upheld by the independent appeal panel on 4 June 2018. Ollie’s comments are below.
“I am really pleased that the appeal panel listened carefully to my concerns over the way my recent re-classification process was handled. The last couple of months have been incredibly stressful. I am relieved and delighted at the outcome, and I would like to thank Chris Stoner QC and Hogan Lovells for their fantastic support throughout my appeal.
To be clear, this has never been about classification itself: I understand that the process is complex, that it will change, and that it is in place to protect all para-athletes and maintain the integrity of the sport. Having said that, classification assessments must be conducted according to established protocol and guidelines. We all overcome daunting physical and mental obstacles and train incredibly hard to compete – a level classification playing field is the least we can expect.
I can now stop worrying and really focus on my training. Winning gold medals in Tokyo is still the goal.”
With the appeal being decided in Ollie’s favour, he will now undergo a further classification review, but we are still awaiting the full outcome from the IPC’s independent panel as to what form this will take.
Ollie is currently at training camp out of the UK until 9th July and is focused on the competition circuit that will take him towards yet another successful Paralympic Games.
This announcement came on the same day that fellow Brit and Paralympic champion Matt Wylie announced that he would retire from the sport after being classed up from S9 to S10.
As 19 Eleven stated, there is potential that Hynd could be classed up again after a further IPC review, but for now, his S8 appeal will stand. The reversal is particularly interesting because when the initial reclassification came to light, British Swimming reportedly protested, but the S9 ruling was upheld at that point. SwimSwam has reached out to Hynd’s representatives for details on the process.
In late 2017, World Para Swimming announced that it would implement a new classification process, which took effect January 1, 2018 – all athletes are required to undergo a new classification test in 2018 (with the exception of a few special cases, which can be found here). This new process is meant to combat intentional misrepresentation (IM), which occurs when an athlete intentionally makes their impairment seem more severe in order to be put into a lower disability class.
Under the new system so far, an inordinate number of athletes, some more high-profile than others, have been reclassified – both up and down. You can read more about the chaos here.
American Robert Griswold (also an S8) has also been classed up and then back down again under the new system, though Griswold’s change was more immediate.
It seems by the start list at Dublin that he is back to an S9 ??
Are the lawyers planning their next appeal
lets hope the classification panel are very thorough in Dublin as Mr Hynds is up for review at 08.30 also up is tully Kearney ?? very strange as she was done in Sheffield a few months ago, best outcome Hynds moved back up to S9.
will dummy be spat out and a massive sulking exercise with him withdrawing from all events as he has to work harder to achieve a medal ??
all eyes will be on the classification panel and the reputation of para swimming ( which has the chance to make a stand and start the long road to redemption )
I for one can see the whole process being a complete balls up with a… Read more »
His 100 backstroke time in Rio would have ranked him better as an S9 than it did as an S8
Ollie disability is very clear. He born with muscular dystrophy just like her brother Sam Hynd. Sam Hynd is also paralympic champion and was S8 swimmer. They legs is little atrophy
S8 swimmers who were both s10 swimmers that used wheelchairs, and when got classified S8s the wheelchairs disappeared
Cheats !!
Ollie disability is clearly..
I wonder if Griswold is “heartbroken and confused” now that he has to race Ollie?
If anyone thinks this is down to the classification panel being at fault then why did the protest panel also come to the same conclusion.
Now under the new system a swimmer goes to Classification on their own or with a member of their NGB or IPC.
The swimmer would not no the new system if flawed so why the appeal ??
I recorded my daughters Classification and listened to the classifiers dismiss written medical evidence based on their opinion.
Is that a case for an appeal a physiotherapist opinion outways one of the U.K. top orthopaedic surgeons,
This is the start of a very slippery slope that will see lawyers helping to decide medal… Read more »
You can have all the medical conditions in the world but it still comes down to an evaluation of how those medical conditions affect a swimmers ability to perform vs an able bodied version of themselves. It sure appears Hynd is appealing on a technicality created by his lawyers in the hopes of getting the outcome he desires instead of just accepting that the IPC want some him to compete as a 9. If he is going to sulk about it he should just retire and let the real swimmers continue on.
An appeal is about the Classifiers failing to perform one or more parts of the Classification process according to the set rules. You can’t appeal or protest the Classification outcome, only the classifiers failing to stick to the process.
For a simplistic example… On a balance test the athlete might be asked to stand on one leg for 10 seconds. They might lose balance after 6 seconds and score 3/5.
When asked to repeat the test for the other leg the Classifiers stop the athlete after 5 seconds, and score them 5/5.
That scenario would give grounds for a protest or appeal.
All classification sessions should be video recorded, both dry land and water tests, and retained by… Read more »
One might argue that all tests should just be recorded, period, and evaluated based on video. Then the classification would be less reliant on this immediacy, on the availability of qualified testers in a given geography, and on the reaction and focus of the testers.
It would also allow the IPC to be transparent by showing the athletes conducting their tests, without having to disclose each athlete’s medical history.
I don’t know if the IPC has the $$$ to set up a fully functioning biomech video system and employ the necessary technicians, then get every athlete from around the world to do their classification through it.
Sure, many countries have these systems in place, but it’s all about access, money, logistics, consistency and achieving a suitable outcome within a reasonable timeframe so the athletes can do their thing.
It’d sure be nice if they did have it. Hopefully they can continue to move towards this outcome in the future.
At the very least I’d start with mandatory recording of classification, including a video system being used to view/record the swimmer from underneath the water during the in-water test.… Read more »
“With the appeal being decided in Ollie’s favour, he will now undergo a further classification review, but we are still awaiting the full outcome from the IPC’s independent panel as to what form this will take”.
What does that statement mean? Is Hynds classification review going to take a different form to everyone else who is undergoing or has undergone classification? Or do the BACs findings have wider implications?
9.3 The BAC shall issue a ruling stating the reasons for its decision, including the evidence relied on, and the actions that are required as a result.
9.4 The IPC and/or relevant International Federation governing the sport shall be responsible for ensuring that the BAC’s directives are followed… Read more »
The guy is trying to win gold medals in the court room instead of the pool. I really hope they make him a nine. He is too fast to be an 8 and I think it’s arrogant of him to believe that’s where he really belongs. Until everything is published in the open I am sticking to that belief.
You can’t just exclude someone on account of being ‘too fast’.
If they have a recognized medical condition, a level of impairment deemed appropriate for that class, and they work their butt off to be #1.. everyone else needs to just suck it up and work harder themselves.
Hynd had grounds for a successful appeal and won. So the Classifiers are at fault here for failing to perform their jobs properly and it has nothing to do with IM, arrogance or being ‘too fast’ for your liking.
The classifiers have failed to do their job competently in many many classifications.
Hynd talks about being “heartbroken and confused”. He is certainly not the only one with a degenerative condition to have been classed up and there are many genuine athletes who have also been devastated by these inept classifications, the only difference being that Hynd has made public statements and is one of the few to have the support of his NGB. The rest just walk away completely disillusioned, feeling abandoned by those who have the power to assist them.
If the classification system was robust and transparent as the IPC claims, NO athlete with a degenerative or stable condition should ever be classed up. The… Read more »
If you are classified for a neurologilical condition the best indicator of your impairment is your speed. Two panels agreed he was an 9 under the new rules so tell us what was done wrong that he had grounds for an appeal? Classification is nothing more than an opinion or an educated guess. Why doesn’t he respect their opinion or he doesn’t think the rules apply to him because he is above everyone else. Funny that Great Britain has “people” monitoring these threads same as the Wylie thread I get an immediate response but when it comes to meaningful dialogue on the sport these people are nowhere to be found.
Hynd has been an ambassador for the law firm that represented him, Hogan Lovell, since 2015. Hogan Lovell also represent the British Paralaymic Association – since Beijing 2008 and leading up to Tokyo 2020. A conflict perhaps? Appropriate? I believe the appeal process is necessary should the ‘volunteer’ classifiers not follow due process, he’s certainly not the first to appeal classification outcomes. It’s not difficult to read the classification manual although now it’s very difficult to determine what should go where, probably deliberate. What I don’t believe though is that the ‘volunteer’ classifiers only failed to do their jobs correctly in Hynds classification and no others. Lack of transparency, clarity, favouritism as always. I also don’t understand why Hynd felt… Read more »
IPC Swimming has never worked well for CP’s or other neurologicial concerns, partly because it is subjective, partly because the classifiers assume everyone is indulging in IM and partly due to the arrogance of classifiers thinking they know best. In my opinion the only way to do this fairly is to reduce the whole process to purely medical, then better technique is rewarded with better results.
Seems his grounds for his appeal were based on nothing except his sulking, he has rightfully been reclassified S9 and yet again his times have gotten slower