A High Court judge has blocked a charity's legal challenge against rules permitting transgender individuals to use single-sex facilities at Hampstead Heath's iconic swimming ponds in north London. The ruling, delivered by Mrs Justice Lieven, dismissed the case brought by gender-critical organisation Sex Matters against the City of London Corporation, which manages the men's, ladies' and mixed bathing ponds.
Procedural Grounds Cited for Dismissal
In her judgement, Mrs Justice Lieven stated that the High Court was not the 'appropriate forum' for this type of discrimination claim, suggesting that such matters should instead be pursued through county court proceedings. The judge emphasised that an individual who had personally experienced discrimination regarding pond access would be better positioned to bring such a claim forward.
Furthermore, the ruling highlighted that the City of London Corporation is currently in the process of making a 'fresh decision' on access arrangements for the ponds. This ongoing review rendered the legal challenge from Sex Matters 'premature' and 'unhelpful' according to the court's assessment.
Charity's Response to the Ruling
Maya Forstater, chief executive of Sex Matters, responded to the verdict by stating: 'The fight for women's safety, privacy and dignity in single-sex spaces will continue. Just because this particular claim was ruled out on procedural grounds does not give any service provider the green light to allow trans-identifying males into female facilities.'
Forstater expressed concern that the City's current policy and its reluctance to defend that policy's lawfulness in court effectively transfers 'the risk of harassment and the cost and difficulty of taking legal cases onto individual women and members of staff,' which she described as 'deeply unjust.'
Overwhelming Public Support for Inclusion
Coinciding with the court's decision, the City of London Corporation published consultation results revealing that nearly 90 percent of respondents support trans-inclusive access to the Hampstead Heath ponds. The comprehensive consultation attracted more than 38,000 participants over a two-month period, with 84 percent of respondents indicating they had previously swum in the ponds.
A spokesperson for the City of London Corporation commented: 'We note the Court's decision. This case has required significant time and resources which could otherwise be focused on managing Hampstead Heath as a charity and providing high-quality public services.'
Next Steps for Pond Access Policy
The Corporation confirmed that consultation findings will be presented to relevant committees for consideration alongside legal duties, equality impact assessments, safeguarding responsibilities, and operational considerations. Current admission rules will remain in place until a final decision is made by Members, with further announcements expected in due course.
Trans Rights Advocates Celebrate Decision
Jess O'Thomson, trans rights lead at Good Law Project, welcomed the ruling: 'Despite their supposed victory in the Supreme Court last April, anti-trans campaigners like Sex Matters have encountered failure after failure in their attempts to use the law to bully trans people out of public life.'
O'Thomson pointed to the 'overwhelming support for trans inclusion' revealed in the City's consultation as evidence that 'people in this country want to be inclusive, and trans people have been welcomed in these spaces for decades.'
The Trans+ Solidarity Alliance also celebrated the decision, stating: 'It's a shame that yet more public money has had to be spent defending against endless lawfare from a vocal, well-funded minority trying to force trans people out. Trans inclusion is the norm across the country, and this government needs to act to ensure clarity and confidence for service providers to continue this without leaving them at risk of expensive litigation.'
Broader Legal Context
This High Court decision follows last year's Supreme Court ruling which affirmed that a person's legal sex is determined by their biological assignment at birth. The contrasting outcomes highlight the complex and evolving legal landscape surrounding gender identity and access to single-sex facilities in the United Kingdom.
