Sex Matters Appeals High Court Decision on Hampstead Heath Ponds Trans Access
The single-sex rights campaign group Sex Matters has formally applied for permission to appeal the High Court's recent decision regarding trans access to the iconic Hampstead Heath bathing ponds. This legal move comes after the group's initial request for a judicial review was denied by Mrs Justice Lieven in late January.
Legal Battle Over Pond Access Policy
Sex Matters had sought judicial review of the existing access arrangements established by the City of London Corporation, which owns and manages Hampstead Heath as a registered charity. The current policy allows trans men and women to use the pond of their choice among the three facilities: the Highgate Men's Pond, the Kenwood Ladies' Pond, and a mixed bathing area.
The campaign group argues this policy is unlawful and constitutes sex discrimination under the Equality Act 2010. In their legal filings, Sex Matters' team presented evidence suggesting that "women experience or risk experiencing the presence of men in the space for the ladies' pond as a violation of their dignity and privacy."
High Court's Initial Ruling
During December's High Court hearing, the City of London Corporation vigorously contested Sex Matters' claims. The Corporation's barrister, Daniel Stilitz KC, argued that the group's challenge was premature, noting that more than 38,000 responses to a public consultation were still being reviewed at the time.
In her January judgment, Mrs Justice Lieven agreed with the Corporation's position, describing Sex Matters' application as "premature" and stating it would be "wrong" for the court to "interject itself into the decision-making process" while policy review was ongoing. The judge also questioned the group's standing to bring the claim, suggesting it should have been pursued by "an individual who says that they have been discriminated against."
Grounds for Appeal
Sex Matters is now contesting both procedural aspects of the High Court's decision. The group argues that the finding regarding their standing is incorrect, noting that "it is common for charities to bring claims on behalf of those they represent."
Additionally, Sex Matters disputes the court's determination that their case was both out of time and premature. The group contends that the Corporation amended its trans access policy in July 2025, making their challenge timely and relevant.
Maya Forstater, Chief Executive of Sex Matters, stated: "We are taking on the might of the City of London Corporation because we believe its approach is a clear example of an unlawful policy. Kenwood Ladies' Pond is an iconic battleground for campaigners for women's sex-based rights."
Public Consultation Results
Since the High Court hearing, the City of London Corporation has published results from its extensive public consultation. The findings reveal that 86 percent of respondents support maintaining the current trans-inclusive access arrangements.
A Corporation spokesperson emphasized: "The results of our recent public consultation showed that a clear majority of respondents – including a high number of regular pond users – supported continuing the current, trans-inclusive arrangements."
Ongoing Legal Process
The City of London Corporation has indicated it will "strongly oppose" the appeal and "continue to contest this case vigorously." The spokesperson noted that these legal challenges "require significant time and resources, diverting funds away from managing Hampstead Heath as a registered charity."
Elected members of relevant Corporation committees will now consider the consultation findings alongside legal duties, equality impacts, safeguarding responsibilities, and operational considerations before making a final decision about future access arrangements.
Forstater added that a judgment in this case "would provide a template for other single-sex services, and show that service providers cannot get away with ignoring the law." The appeal process represents the latest development in an ongoing debate about gender identity, single-sex spaces, and equality legislation in public facilities.
