Public consultation launched on access to Hampstead Heath ponds amid single-sex spaces row

The corporation that runs the famed swimming ponds at London’s Hampstead Heath has launched a public consultation to “help inform future access arrangements”, which comes after a gender-critical group announced it would take legal action against it for allowing trans bathers in the wake of UK Supreme Court ruling.

Kenwood Ladies’, Highgate Men’s, and Hampstead Mixed ponds in north London are all run by the City of London Corporation (CoLC). Opened in 1926, the ponds have long been trans-inclusive, much to the ire of anti-trans campaigners.

Back in 2019, the CoLC formally acknowledged trans people’s right to swim in the single-sex ponds through a policy ensuring “our public services do not discriminate against trans people” and, following this, in 2024 the policy was reaffirmed by members of the Kenwood Ladies’ Pond Association (KLPA) voting at its 2024 annual general meeting to reject a policy that would have redefined the word woman to mean “only those born female in sex”.

Following the UK Supreme Court decision in April – which ruled the legal definition of “sex” and “woman” in the 2010 Equality Act refer to “biological sex” and “biological women” only and specifically exclude trans people – and subsequent interim single-sex spaces guidance published by the Equality and Human Rights Commission (EHRC), the gender-critical group Sex Matters vowed to take legal action against the CoCL if they did not bar trans swimmers from the ladies’ and men’s ponds.

The CoCL has disagreed the ladies’ and men’s ponds constitute a single-sex space, stating “the ladies’ pond was not a single-sex facility… precisely because trans women are permitted to access the swimming facilities” and therefore the “corporation recognises, following the Supreme Court’s ruling, that it is not providing single-sex facilities as defined within the [Equality Act]”.

The corporation added terms such as “woman” and “man” being seen as biological terms by the Supreme Court was not the same as how they viewed them, outlining such language “must be read in light of the access arrangements in place at the ladies’ pond, pursuant to which both trans women and biological women have been permitted to access the pond for many years”.

In a note published on its website on 30 June, the CoLC said they would be “reviewing their access policies, including those at Hampstead Heath’s bathing ponds” following the Supreme Court ruling, adding that they “must consider the impact of current and potential future arrangements on all users, while ensuring we meet our legal duties and provide appropriate access, [and] our priority remains to provide a safe and respectful environment for everyone”.

On Tuesday (30 September), the CoCL published a news release announcing a consultation will run until 25 November which invites feedback from users of the ponds, the local community and stakeholders.

The consultation concerns reviewing if current access arrangements, namely that trans people can use the single-sex ponds, is “fair, lawful and respectful” in light of the Supreme Court ruling and EHRC guidance.

“The consultation will support that review and ask for views on whether the Ladies’ Pond and the Men’s Pond should continue to operate as trans-inclusive or exclusively single-sex spaces, or as mixed-sex spaces,” the news release from the CoCL explains.

“The City Corporation is also asking for feedback on whether communal toilets and changing rooms should be trans-inclusive, and whether there should be specific times reserved for biological single-sex use.”

The corporation added current admission rules will remain in place until the consultation concludes and finalised decisions by CoCL committees are taken.

City of London Corporation policy chairman, Chris Hayward, said in a statement: “Hampstead Heath is one of London’s most cherished open spaces, and the bathing ponds are an integral part of the Heath.

“We want to hear directly from users and other stakeholders about how they value these unique facilities and how they believe they should operate in the future, and I encourage everyone with an interest to take part in the consultation.“

Hayward continued: “We recognise the sensitivity surrounding this issue. Our consultation will help ensure that everyone’s voice is heard, and that decisions are made in a fair, respectful, and transparent way, in line with the law.“While the consultation will be an important source of insight, it is not the only factor.

“The views we receive will sit alongside our wider responsibilities – including meeting legal requirements, assessing equality impacts, ensuring safeguarding, and considering how any decisions could be implemented in practice.”

The consultation can be viewed at www.hampstead-heath-bathing-ponds.commonplace.is.