Hampstead Heath ponds should stay trans-inclusive, say 86 per cent of swimmers

Nearly of 90 per cent of people have backed keeping access to Hampstead Heath bathing ponds trans-inclusive, a consultation has found.

More than 38,000 people took part in the two-month consultation run by the City of London Corporation (CoLC) that was launched following the outcome of the controversial Supreme Court ruling on the legal definition of sex, which decided for the purposes of the 2010 Equality Act “sex” refer to “biological sex” only and specifically excludes trans people.

Kenwood Ladies’, Highgate Men’s, and Hampstead Mixed ponds in north London were opened in 1926 and have long been a trans-inclusive swimming spot for Londoners to relax and exercise – much to the ire of anti-trans campaigners.

Following the outcome of the Supreme Court case, and subsequent, equally controversial 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 launched the public consultation to “help inform future access arrangements” at the ponds back in October.

The results, published on Thursday (29 January), show that the vast majority of those who took part in the consultation believe the ponds should remain trans-inclusive spaces.

When asked if the ponds should be single-sex spaces on the basis of biology, 86 per cent of respondents disagreed, whilst the same number agreed the ponds should remain trans inclusive spaces as currently operated.

When asked if the ponds “should be trans-inclusive spaces based on how people have decided to live their lives” 43 per cent agreed, 35 per cent disagreed and 22 per cent were neutral or uncertain.

Nine in 10 respondents (90 per cent) disagreed that the ponds should be “trans-inclusive spaces but that the communal toilets and changing rooms should not”, whereby the swimming spots themselves would be trans inclusive but trans people would be required to use separate toilets, shower and changing rooms at each facility.

The same number of people (90 per cent) disagreed that the ponds should only be trans inclusive at certain times, while two-thirds disagreed that the ponds should become totally mixed-sex spaces.

City of London Corporation policy chairman Chris Hayward said: “The volume and tone of responses we received demonstrate very clearly just how much the ponds are valued as calm, safe, welcoming community spaces for all to enjoy.

“While we’ve been clear that the consultation was not a referendum, carefully reviewing the findings from it will form an important part of our wider decision-making process, which we will communicate clearly to the public in the months ahead.

“It’s important that we take the time to ensure future access arrangements are fair, lawful, evidence-based and, crucially, respectful to those who use the swimming ponds.”

This is not the first time users of the ponds have stood firmly with trans inclusion.

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” Following this, in 2024, this policy was reaffirmed by members of the Kenwood Ladies’ Pond Association (KLPA) who voted at their annual general meeting to reject a policy that would have redefined the word woman to mean “only those born female in sex”.