The Hampstead Heath bathing ponds are set to remain trans-inclusive, with committee members endorsing enhancements to bolster women's privacy. Councillors on the City of London Corporation's Hampstead Heath, Highgate Wood and Queen's Park Committee have given their in-principle backing to preserving current access arrangements, alongside a broader programme of improvements. A definitive ruling is scheduled for the Policy and Resources Committee on 4th June.
A Corporation spokesperson noted that all options outlined in the report were informed by a recent public consultation, expert legal advice, equality impact assessments, safeguarding responsibilities, and operational requirements. Hampstead Heath features three ponds: the Kenwood Ladies', Highgate Men's, and a mixed bathing area. The Ladies' pond is open to both biological and trans women, while the Men's pond is open to both biological and trans men. This policy has been in place since at least 2017, aligning with the previous interpretation of the Equality Act 2010.
Following the Supreme Court's 2024 ruling that 'sex' under equalities law refers to biological rather than certified sex, members reviewed the existing policy. A consultation last year, attracting over 38,000 responses, showed overwhelming support for maintaining current access. Only 13% favoured strict single-sex spaces. Some doubts have been raised, including by Sex Matters, which described the response number as 'extraordinary' and is pursuing a legal challenge against the Corporation, with a hearing expected in the second half of the year.
In April, the Local Democracy Reporting Service revealed that Corporation officers recommended keeping the ponds trans-inclusive. Their report highlighted no substantiated incidents since at least 2017 and argued that strict segregation by biological sex would be difficult to justify. Alexandra Parmar-Yee, director of the Trans+ Solidarity Alliance, called it 'great news' but stressed the need for the government to provide a clear legal framework protecting inclusive spaces.
Officers also proposed upgrades to changing, showering, and toilet facilities across the three ponds, costing up to £1.08 million. The report was discussed by a consultative committee on May 5, followed by the Hampstead Heath, Highgate Wood and Queen's Park Committee on May 12 for an initial decision. Katie Stewart, Executive Director Environment, outlined that upgrades to the Ladies' Pond aim to ensure private changing options, a point strongly supported by members. Final funding and timeline details are due in July, but the Corporation has indicated support with few obstacles anticipated.
Common Councillor Jason Groves urged consideration of broader issues like lockers. Common Councillor William Upton KC questioned whether the recommended policy amendment—allowing trans men in the Men's Pond and trans women in the Ladies'—could be agreed immediately, suggesting it be treated as an in-principle decision or delegated for flexibility. Common Councillor David Williams backed the amendment, calling it a way to bring 'finality to this really thorny issue'. City Solicitor Michael Cogher was hesitant to intervene but noted pressure from Sex Matters to clarify the stance by June 4.
Cllr Upton also enquired about the Equality and Human Rights Commission's Code of Practice, but was told that as government guidance remains in draft form, it carries little weight. Members voted to approve the recommendations, with only Cllr Upton abstaining due to insufficient detail on how the package would function overall. Maya Forstater, Chief Executive of Sex Matters, previously stated the proposed policy 'is simply unlawful' and operates as if Hampstead Heath is an enclave outside the law.
