Hampstead Heath's governing body has recommended that the Ladies' and Men's bathing ponds remain trans-inclusive spaces, while also proposing a series of facility upgrades. The recommendation follows a public consultation that garnered overwhelming support for the current access arrangements.
Consultation Results
The City of London Corporation's much-anticipated report, published after a consultation overseen by research company TONIC, received 38,445 responses. Of these, 86% favored maintaining the existing access policies, while only 13% wanted the ponds to become single-sex spaces. Six in-person focus groups similarly showed general support for retaining the status quo.
Legal Challenge
The recommendation comes amid an ongoing legal challenge by the charity Sex Matters, which argues that the current policy is unlawful. Maya Forstater, Chief Executive of Sex Matters, stated: "The City of London is proposing to continue with its approach of allowing fully intact males into the women's bathing pond, including changing rooms and showers which are used by girls as young as eight. This proposed policy is simply unlawful."
Sex Matters' case was initially refused by Mrs Justice Lieven last year but was overturned on appeal. It is set to go before the High Court, with Sex Matters applying for an expedited hearing after June 1. The Corporation has applied for a stay of proceedings to allow for a decision from its members first.
Corporation's Position
A spokesperson for the City of London Corporation said: "No decisions have been taken at this stage. All options have been informed by our recent public consultation, expert legal advice, equality impact assessments, safeguarding responsibilities, and operational requirements."
In its report, the Corporation notes that making the ponds single-sex would constitute direct sex discrimination, which could only be justified if it were a proportionate means of achieving a legitimate aim. Officers highlighted the overwhelming opposition to segregation among users, the absence of substantiated complaints since at least 2017, and planned privacy improvements to changing facilities as reasons why strict segregation on the basis of biological sex would be difficult to justify.
Proposed Improvements
Alongside maintaining trans-inclusive access, the Corporation recommends upgrading changing, showering, and toilet facilities at the three ponds—Kenwood Ladies', Highgate Men's, and the mixed pond—at a cost of up to £1.08 million.
Next Steps
The recommendation will be discussed by the Hampstead Heath Consultative Committee on May 5, then presented to the Hampstead Heath, Highgate Wood and Queen's Park Committee on May 12, and finally to the Policy and Resources Committee on June 4 for a final decision. If approved, the Corporation's access policy will be amended to explicitly allow both biological and trans men to use the Men's Pond, and biological and trans women to use the Ladies' Pond.
