Sex Matters, a campaign group, has lodged an appeal against the High Court’s decision to throw out its legal challenge over transgender access to single-sex facilities at Hampstead Heath’s swimming ponds. The charity argues that the City of London Corporation’s policy, which allows trans people to use facilities based on their gender identity, amounts to sex discrimination.
Mrs Justice Lieven ruled in October that the High Court was not the appropriate forum for the claim, suggesting an individual would be better placed to bring the case in a county court. Sex Matters, which raised over £65,000 to fund the challenge, has now applied for permission to appeal, arguing the judge was “wrong in law.”
The charity’s chief executive, Maya Forstater, said the policy was “a clear example of an unlawful policy” and that a judgment would provide a template for other single-sex services. Barrister Tom Cross KC, representing Sex Matters, submitted that it was “contrary to the public interest” for the claim not to be heard in the High Court.
However, Daniel Stilitz KC, for the City of London Corporation, argued the claim was out of time as the policy has been in place since 2017. A consultation on the policy, with over 38,000 responses, found that nearly 90% of respondents supported the existing access arrangements. The results were published on the same day as the High Court ruling.
