The long-awaited decision regarding transgender access to the famous single-sex swimming ponds on Hampstead Heath is now expected to be made in the new year, officials have confirmed.
Consultation and Legal Complexities
This follows a major public consultation, which concluded on November 25, that presented six different options for how the ponds could be managed. A senior officer from the City of London Corporation, which manages the Heath, stated that a final report on the issue is hoped to go before councillors in January.
The process has been complicated by a high volume of public responses and ongoing legal proceedings. Corporation officer Andrew Impey told a committee meeting that analysing the thousands of consultation responses is anticipated to take three to four weeks, with a series of focus groups also planned.
Mr Impey emphasised that the consultation is "not a referendum" and forms only one part of the overall decision-making process, which must also consider legal duties and practical enforcement.
The Supreme Court Ruling and Policy Review
The review of access rules was triggered by a landmark Supreme Court ruling in April, which clarified that the term 'sex' in the Equality Act 2010 refers to biological sex. This ruling has placed the Corporation's current policy under increased scrutiny.
Currently, the policy allows trans men and trans women to use the pond that aligns with their gender identity. The Heath features three ponds: the Highgate Men's Pond, the Kenwood Ladies' Pond, and a mixed pond.
The six options presented in the consultation ranged from maintaining the status quo to operating the men's and ladies' ponds as strictly single-sex facilities.
Legal Challenge and Stakeholder Views
Adding to the complexity, the campaign group Sex Matters has filed for a judicial review of the Corporation's admissions policy. The group argues that the current policy, and most of the consultation options, are unlawful following the Supreme Court judgment.
A hearing is scheduled for December 17, where a judge will decide whether the judicial review can proceed. A ruling is not expected on the same day.
Fiona McAnena, Director of Campaigns at Sex Matters, has stated that the Ladies' Pond had been a "male-free haven for women and girls for almost a hundred years" and that the current policy has undermined women's privacy.
In contrast, the Kenwood Ladies' Pond Association (KLPA), which has hundreds of members, voted in 2024 to retain its trans-inclusive membership policy. A spokesperson for the KLPA expressed that they do not want the pond used as a "political vehicle for external campaign groups."
A spokesperson for the City of London Corporation said their priority is to provide a "safe and respectful environment for all users" and that current access arrangements will remain in place during the consultation period. Further announcements are promised in due course.
