The High Court has declined to fast-track a judicial review concerning transgender access to the iconic swimming ponds at Hampstead Heath, determining that such legal action would be premature at this stage. Justice Lieven delivered the ruling, emphasising that the court should not intervene in the ongoing decision-making process being conducted by the City of London Corporation.
Court Deems Challenge Premature During Policy Review
In a statement issued on January 29, Justice Lieven clarified that the Corporation has not yet reached a fresh decision that would be suitable for judicial review. Instead, the authority remains actively engaged in evaluating its policies through a comprehensive public consultation. The judge noted that it would be inappropriate for the court to interject itself into this procedural phase.
The legal challenge was brought forward by the campaign group Sex Matters, which argued that the Ladies' Pond should be restricted to individuals born female. The group expressed disappointment with the court's decision, though it acknowledged that the ruling was based solely on procedural grounds rather than addressing the substantive merits of the case.
Sex Matters Responds to Judicial Setback
Maya Forstater, CEO of Sex Matters, stated that the fight for women's safety, privacy, and dignity in single-sex spaces will continue despite this procedural ruling. She emphasised that the decision does not provide any service provider with approval to allow trans-identifying males into female facilities. Forstater criticised the City of London's approach, suggesting it unfairly transfers the risks of harassment and the burdens of legal action onto individual women and staff members.
The hearing specifically examined whether to permit a challenge against the City's interim policy, which maintains current access arrangements while the Corporation conducts its review. Importantly, the court did not assess the lawfulness of the policy itself, as that matter has not been adjudicated in any legal forum.
Consultation Reveals Strong Support for Inclusive Access
Coinciding with the court's decision, the City of London Corporation published the results of its extensive public consultation on pond access policies. The consultation attracted an impressive 38,000 participants over two months, representing one of the largest public engagement exercises ever undertaken by the City in its capacity as manager of Hampstead Heath.
The findings revealed substantial support for maintaining inclusive access arrangements, with 86 percent of respondents favouring the continuation of current policies that allow trans men and women to use the pond corresponding with their gender identity. Among six potential options considered for the Kenwood Ladies', Highgate Men's, and Hampstead Mixed Ponds, retaining existing arrangements emerged as the most popular choice.
City Officials Emphasise Careful Decision-Making Process
City Policy Chairman Chris Hayward commented on the consultation results, noting that the volume and tone of responses clearly demonstrate how valued the ponds are as calm, safe, and welcoming community spaces. He emphasised that while the consultation was not a referendum, its findings will form a crucial component of the Corporation's wider decision-making process.
Hayward stressed the importance of taking adequate time to ensure that future access arrangements are fair, lawful, evidence-based, and respectful to all pond users. In the interim, current admission rules will remain in place until relevant committees reach a final decision, which is expected to be communicated to the public in the coming months.
Legal Context and Historical Background
The City of London initially implemented its policy allowing trans women access to women's ponds and communal changing facilities in 2017. The High Court accepted the Corporation's argument that any challenge to this original decision would be considered "out of time" for legal proceedings. The court also recognised that individuals who experience discrimination or harassment under the current policy retain the right to pursue discrimination claims through county court proceedings.
This legal development follows a landmark Supreme Court judgement in April, which determined that the terms 'woman' and 'sex' in the Equality Act 2010 refer to biological sex at birth rather than gender identity. This ruling established that trans people could be legally excluded from single-sex spaces and services, though the City of London has continued to permit access while reviewing its policies.
Sex Matters indicated that it is considering its legal options following the High Court's decision. The campaign group had originally filed its claim in August, despite the ongoing consultation process, arguing that the City's decision to maintain current access arrangements warranted judicial review.
