A legal battle over transgender access to the historic swimming ponds on London's Hampstead Heath has reached the High Court. The rights organisation Sex Matters is seeking permission to challenge the admission rules, arguing they unlawfully allow entry based on gender self-identification rather than biological sex.
The Legal Challenge and Interim Policy
The City of London Corporation, which manages the Heath, is accused of breaching equality legislation. The court heard that since at least 2019, transgender individuals, including those identifying as gender fluid or non-binary, have been permitted to swim in the pond of their preferred gender. This followed guidance from the Equality and Human Rights Commission (EHRC).
However, after the Supreme Court ruled in April that the legal definition of a woman is based on biological sex, the Corporation withdrew its gender identity policy. It launched a public consultation, gathering over 38,000 responses, with results expected in January and a new policy due in March.
In the interim, signs were erected in July. The ladies' pond sign states it is for "women and those who identify as women," while the men's pond welcomes "men and those who identify as trans men." Sex Matters contends this interim position is itself unlawful.
Arguments for and Against the Policy
Representing Sex Matters, Tom Cross KC detailed the layout of the ladies' pond changing facilities, describing a mostly communal space with shared showers involving full nudity. He argued the rules treat "women less favourably than men because an individual woman is at greater risk of suffering the detriment of her privacy, dignity or safety being compromised."
The group's legal submissions included complaints from female swimmers about the trans-inclusive policy. Conversely, Daniel Stilitz KC, for the City of London, labelled the legal action as "busybodying" and premature, given the active review. He warned that segregating ponds strictly by biological sex could be discriminatory against trans people, highlighting a risk of gender reassignment discrimination.
Stilitz also noted the women's pond provides a private, lockable room for changing. The EHRC has prepared new advice on balancing single-sex services with trans inclusion but has not yet published it.
What Happens Next?
Mrs Justice Lieven will rule in January on whether to grant Sex Matters permission for a full hearing to appeal against the policy. The outcome could set a significant precedent for how public bodies across the UK manage access to single-sex spaces, from swimming pools to changing rooms. The decision hinges on interpreting the Equality Act 2010 amidst evolving societal and legal understandings of gender identity.
The three ponds – single-sex for men and women, and a mixed area – have been a cherished London institution for generations. This case places them at the heart of a national debate on rights, inclusion, and the law.
