A decision on the future access for trans swimmers to Hampstead Heath’s ponds is expected in the new year, it has been revealed.
An officer at the City of London Corporation, which manages the Heath, said a final report on the issue is hoped to go before councillors in January. It is understood that a date for a final decision has not been finalised with a high number of responses to a public consultation and potential legal proceedings complicating matters.
A spokesperson for the Corporation said they are reviewing their access rules to ensure they remain “fair, lawful and respectful” following the Supreme Court ruling earlier this year.
The Heath has three ponds; the Highgate Men’s, the Kenwood Ladies’ and a mixed area. Currently the Corporation’s policies entitle trans men and trans women to use the pond of their choice.
Since April’s Supreme Court ruling that “sex” in the Equality Act 2010 refers to biological sex, a number of questions have been raised.
In October the Corporation launched a consultation, to run until November 25, in which six options for the ponds are proposed.
Corporation officer Andrew Impey told a Hampstead Heath Consultative Committee meeting this week that the consultation has received thousands of responses with many more expected before it closes. He said as a result he anticipates it will take three or four weeks to analyse the feedback with a series of focus groups also planned.
Mr Impey said he does not expect a final report on the future use of the ponds to go to the necessary Corporation committees until January.
Chair Alderman Greg Jones KC asked Mr Impey what the decision-making process is to be once the report has been published, though he was told this is yet to be confirmed.
Pushed by Common Councillor William Upton KC on the seeming delays to the final report, Mr Impey said he had always been clear it would have been “highly unlikely” to meet a December deadline.
He added that “it would be foolish and dangerous of me to commit to [a Committee meeting on] January 15 not knowing how long it’s going to take to do that analysis, equally knowing we have to see the results of the six focus groups and how they relate to the data, the quantified data as well as the qualified data”.
Mr Impey said the consultation is “not a referendum”, adding: “It’s a proportion of that overall decision. It’s not the decision in totality.”
An update was similarly provided on legal proceedings brought by campaign group Sex Matters, which had filed for a judicial review over the Corporation’s admissions policy based on gender self-recognition.
The group also argued that the majority of the consultation options are unlawful based on the Supreme Court ruling. The City of London Corporation has said it is “disappointed” by Sex Matters pursuing legal action while the consultation and review are under way.
Fiona McAnena, Director of Campaigns at Sex Matters, previously told the Local Democracy Reporting Service (LDRS) the Ladies’ Pond had been “a male-free haven for women and girls for almost a hundred years, but this policy has robbed women of their privacy and peace of mind”.
Alderman Jones told the Committee that a date of December 17 has been set for a hearing, at which the judge is to both decide whether to allow the judicial review to proceed and consider written representations. He said it is not expected that a judgement on the case will be provided on the day.
A spokesperson for the Corporation said: “We recognise the sensitivity of this issue and the complexities surrounding access to Hampstead Heath’s swimming ponds. Like many organisations, we are reviewing our access rules to ensure they remain fair, lawful, and respectful in light of the recent Supreme Court ruling and evolving Equality and Human Rights Commission guidance.
“We have launched a public consultation with pond users and stakeholders, open until 25 November, to help shape this review and ensure all voices are heard. The consultation findings will inform future policy, alongside our legal duties, equality impacts, safeguarding responsibilities, and practical enforcement considerations.
“Current access arrangements, which have been in place for many years, will remain during the consultation. Our priority is to provide a safe and respectful environment for all users. Further announcements will be made in due course.”
The Kenwood Ladies’ Pond Association (KLPA), which has around 900 members, voted in 2024 to retain its “trans-inclusive membership policy for the association”, a spokesperson previously told the LDRS.
“As the Ladies’ Pond approaches its hundredth anniversary we do not want to see it being used as a political vehicle for external campaign groups,” they said. “It is a beautiful place where women and girls swim safely.”
