A significant legal challenge against a trans-inclusive swimming policy at one of London's most famous open-air swimming spots has been heard at the High Court. The case centres on the rules governing access to the single-sex ponds on Hampstead Heath.
Legal Battle Over Admission Rules
The rights organisation Sex Matters is seeking permission to bring a full legal challenge against the City of London Corporation, which manages the Heath. The group contends that the corporation's policy of allowing transgender people to use the ponds aligning with their gender identity breaches equality legislation.
Representing Sex Matters, Tom Cross KC argued that the interim admission rules, which permit entry based on self-identification rather than biological sex, are discriminatory and unlawful. He highlighted the layout of the changing facilities at the ladies' pond, describing them as a mostly communal space with shared showers, which he said placed women at a greater risk of having their privacy, dignity, or safety compromised compared to men.
Policy Under Review Following Supreme Court Ruling
The court heard that the City of London Corporation had already withdrawn its previous gender identity policy in response to an April ruling by the Supreme Court. That ruling clarified that the legal definition of a woman is based on biological sex for the purposes of the Equality Act.
Daniel Stilitz KC, for the Corporation, described the legal action as premature "busybodying". He stated that officials were actively consulting on new entry rules, having already gathered over 38,000 responses from the public. The results of this consultation are expected in January, with a new policy due for publication in March.
Stilitz emphasised that the corporation was merely maintaining the status quo during this review period. He also warned that segregating the ponds strictly by biological sex could itself be discriminatory against transgender people, highlighting a risk of gender reassignment discrimination.
Interim Signs and Future Decisions
Under the current interim position, signs erected in July at the ladies' pond state it is for "women and those who identify as women". A similar sign at the men's pond welcomes "men and those who identify as trans men". This policy has been in place in some form since at least 2019, following guidance from the Equality and Human Rights Commission (EHRC).
The City of London now believes that earlier EHRC guidance misinterpreted the law. The EHRC has prepared new, unpublished advice for public bodies on balancing single-sex services with trans inclusion.
Mrs Justice Lieven said she would rule in January on whether to grant Sex Matters permission for a full hearing to appeal against the policy. The outcome could have significant implications for how single-sex spaces are managed across the UK.
