Hampstead Heath’s ponds should remain trans-inclusive spaces, with upgrades for women's privacy, committee members have said. Councillors sitting on the City of London Corporation’s Hampstead Heath, Highgate Wood and Queen’s Park Committee have approved recommendations in principle to retain the existing access arrangements for the ponds, alongside plans for a wider programme of works. A final decision is to be made by the Policy and Resources Committee on June 4.
A Corporation spokesperson previously said all options detailed in the report which went before members “have been informed by our recent public consultation, expert legal advice, equality impact assessments, safeguarding responsibilities, and operational requirements”.
Hampstead Heath has three ponds: the Kenwood Ladies', Highgate Men's and a mixed area. The existing arrangements for the Ladies' pond stipulate it is available for use by biological and trans women, with the reverse true for the Men's. The Corporation said this has been the case since at least 2017 and that it was consistent with the previous interpretation of the Equality Act 2010.
Following the Supreme Court judgement in 2024 that ‘sex’ under equalities law refers to biological rather than certified sex, members agreed to review the policy. A consultation run last year, which received more than 38,000 responses, suggested an overwhelming level of support to maintain the existing access arrangements. Just 13 per cent said they wanted the Men’s and Ladies’ ponds to become strictly single-sex spaces.
Some doubts have been cast about the results, including by Sex Matters, which described the number of respondents as "extraordinary". The charity is also in the midst of a legal case challenging the Corporation’s policy with a hearing expected in the second half of the year.
The Local Democracy Reporting Service (LDRS) revealed in April that Corporation officers were recommending members agree to keep the ponds trans-inclusive. In a paper they highlighted the fact no substantiated incidents had been reported since at least 2017 and that “it is difficult to see how a policy of strict segregation on the basis of biological sex could be justified”.
Officers also recommended a series of improvements to the three bathing ponds. These include upgrades to changing, showering and toilet facilities, at a cost of up to £1.08 million. The paper went to a consultative committee for discussion on May 5 and the Hampstead Heath, Highgate Wood and Queen’s Park Committee yesterday afternoon (May 12) for an initial decision.
Introducing the item, Katie Stewart, Executive Director Environment, ran through the proposed upgrades. For the Ladies’ Pond she said the purpose of the works will be to ensure those wanting to change privately are able to, the importance of which was affirmed by several members. Ms Stewart added that while final funding and timeline of the works are yet to be agreed, with details to go before members in July, the Corporation has indicated it is supportive of the proposals and few problems are foreseen.
Common Councillor Jason Groves urged officers to consider wider issues which could be also resolved via the upgrades, such as the installation of lockers. Common Councillor William Upton KC queried whether the recommended amendment to the policy, which would enable trans men to access the Men’s Pond and trans women the Ladies’, could be agreed at this stage. He suggested it either be an in-principle decision which could be revisited or delegated, giving members more flexibility rather than having to make a decision on the spot.
Common Councillor David Williams supported the recommended amendment, saying it would bring “a finality to this really thorny issue”. He said: “I’ve got every faith that our needs and the needs of all the consultees will be met in the design process, such that I think we should take a decision in respect to Appendix 5 [the policy] today, because actually what Appendix 5 is about is maintaining trans-inclusive spaces and access to the ponds on the basis that has happened over many years.”
City Solicitor Michael Cogher told members he was “hesitant” to intervene though noted the Corporation is under pressure from Sex Matters to express a clear position by the conclusion of the meeting on June 4. Cllr Upton also asked what the Equality and Human Rights Commission's Code of Practice may suggest on the matter. He was told that as the Government guidance is only in draft form the legal advice has been that it has little to no status and to proceed as planned.
Members voted to approve the officers’ recommendations with just Cllr Upton abstaining, due to concerns over the lack of detail demonstrating how the package as a whole is to work. Maya Forstater, Chief Executive of Sex Matters, previously said the Corporation's proposed policy "is simply unlawful" and that it is operating "as if Hampstead Heath is an enclave that is outside of the law".
