Hampstead ponds trans access challenge dismissed

A charity's legal challenge against rules allowing trans people to use the single-sex facilities at Hampstead Heath's swimming ponds cannot proceed at the High Court, a judge has ruled.

Sex Matters took legal action against the City of London Corporation, which operates the men's, ladies' and mixed bathing ponds in north London.

It said the policy of allowing trans people to use the facilities for the gender with which they identify amounted to sex discrimination.

But Mrs Justice Lieven dismissed the challenge, saying the "appropriate forum" for the claim is the county court rather than the High Court.

Campaign group Sex Matters filed for a judicial review, arguing the corporation's policy was unlawful based on the April 2025 Supreme Court ruling that a woman is defined by biological sex under the 2010 Equality Act.

Tom Cross KC, for the charity, said at a hearing in December that the rules treat an individual woman "less favourably" than an individual man, as they are at "greater risk of suffering the detriment of her privacy, dignity or safety being compromised".

He said the City of London Corporation should change its policy after the Supreme Court ruling.

Daniel Stilitz KC, for the corporation, said the claim should have been dismissed for being out of time because the current policy has been in place since 2017.

He described the legal action as "unhelpful, premature and the wrong way for doing these things".

A consultation run by the City of London Corporation and published on Thursday found that nearly 90% of respondents backed trans-inclusive access to the ponds.

More than 38,000 people took part in the consultation over a period of two months.

Of those, 84% of respondents to the consultation had swum at the bathing ponds and 74% lived in London, the City of London said.

Six options were considered for the Kenwood Ladies, Highgate Men's and Hampstead mixed ponds, with 86% of respondents supporting the existing trans-inclusive access arrangements.

A similar proportion also opposed introducing strict single-sex access, while 90% rejected requiring trans swimmers to use separate changing rooms or have separate swimming sessions, and 66% opposed making all ponds mixed sex.

Sex Matters released a statement to say it was "disappointed" in the decision and was "considering its legal options".

The group's CEO Maya Forstater said: "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.

"The City's policy and its unwillingness to defend the lawfulness of that policy in court simply pushes the risk of harassment and the cost and difficulty of taking legal cases on to individual women and members of staff. This is deeply unjust."

Trans-led advocacy and human rights organisation TransLucent said it was "unacceptable taxpayer money is wasted by relentless legal assaults from a powerful, well-funded minority who are determined to exclude trans people and, as a by-product, cause havoc in feminism, when there are so many more important issues that women face on a daily basis.

"Trans inclusion is the norm across the country; now, the government must provide decisive legal clarity, empowering service providers to act inclusively without being held hostage to costly litigation."

A spokesperson for the City of London Corporation said: "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.

"We have now published the results of a consultation on future access arrangements at the heath's bathing ponds.

"The findings will be presented to City Corporation committees, which will consider them alongside legal duties, equality impact assessments, safeguarding responsibilities and operational considerations.

"In the meantime, the current admission rules will remain in place until a final decision has been made by members.

"Further announcements will be made in due course."