The High Court has heard a legal challenge against the City of London Corporation's policy allowing transgender women to use women-only ponds and changing facilities on Hampstead Heath. The rights group Sex Matters argues that permitting entry based on self-identification of gender rather than biological sex is unlawful and discriminatory.
Sex Matters is seeking permission to challenge the admission regulations, claiming that the City of London Corporation is breaching equality legislation. The group's barrister, Tom Cross KC, argued that the policy treats women less favourably than men, as women face greater risks to their privacy, dignity, and safety.
In response, Daniel Stilitz KC, representing the City of London, described the legal action as premature, noting that the corporation is actively consulting pond users on its entry rules. He said the interim policy merely maintains the status quo while a thorough review is conducted, with results expected in January and a new policy due in March.
The court heard that Hampstead Heath has three swimming ponds: women-only, men-only, and mixed. Since 2019, transgender individuals have been allowed to use the pond of their preferred gender, following guidance from the Equality and Human Rights Commission (EHRC). However, after a Supreme Court ruling in April that defined a woman based on biological sex, the City of London withdrew its gender identity policy and launched a consultation, gathering over 38,000 responses.
Sex Matters highlighted complaints from female swimmers about the trans-inclusive policy, particularly regarding communal changing rooms and showers in the ladies' pond. The EHRC has prepared new advice on balancing single-sex services and trans inclusion, but it has not yet been published.
Mrs Justice Lieven said she would rule in January on whether Sex Matters can proceed to a full hearing.
