Hampstead Heath’s Men’s and Ladies bathing ponds should remain “trans-inclusive”, City of London bosses have said.
A report by the City of London Corporation made the recommendation alongside a series of upgrades to the existing facilities.
The much-anticipated report follows a consultation which received overwhelming support for the existing arrangements.
It comes despite last year’s landmark Supreme Court judgement on the definition of sex and a legal challenge over the Heath’s policy launched by campaign group Sex Matters is ongoing.
Maya Forstater, Chief Executive of the charity, said the Corporation’s proposed policy “is simply unlawful” and that it is operating “as if Hampstead Heath is an enclave that is outside of the law”.
A spokesperson for the City of London Corporation, which manages the Heath as a registered charity, said no decision has been made yet on the ponds, and that all options have been informed by expert legal advice as well as the consultation.
Hampstead Heath has three ponds: the Kenwood Ladies’, Highgate Men’s and a mixed area.
The existing arrangements for the Ladies’ pond mean it is available for use by biological women and trans women, but this is not the case for the Men’s pond.
The Corporation said this has been the case since at least 2017 and that it was consistent with the previous interpretation of the Equality Act 2010.
Members agreed to review the policy following the Supreme Court judgement which ruled that “sex” under equalities law refers to biological sex.
In late September the Corporation launched a consultation to ascertain public attitudes towards the ponds. It ran until November 25 with the results published in January.
The consultation, which was overseen by the research company TONIC and received 38,445 responses, found 86 per cent of those who took part favoured maintaining the existing access arrangements, with just 13 per cent wanting the Men’s and Ladies’ ponds to become single-sex spaces.
Six in-person focus groups were also held, which similarly found general support for retaining the status quo.
Some doubts have been cast about the results, including by Sex Matters, which described the number of respondents as “extraordinary”.
The group also noted the percentage of respondents who said they swim at the ponds and are LGBQ+, which it claimed was far above the expected numbers when based on UK census data and suggested “a large number of the consultation responses are not accurate”.
In its report, which is to go to several committees before a final decision is made, the Corporation notes that making the Men’s and Ladies’ ponds single-sex facilities would amount to direct sex discrimination in the provision of services.
Officers add this can be justified, for example when single-sex swimming areas are considered essential for religious reasons, though that the segregation must be “a proportionate means of achieving a legitimate aim”.
The strong support for retaining trans access is highlighted, as is the fact no substantiated complaints have been received by the Corporation relating to their use of the ponds.
Officers wrote: “In circumstances where: (a) there is overwhelming opposition to this option amongst users; (b) the current arrangements have worked well and continue to receive very strong support from users; (c) the Men’s Pond and the Ladies’ Pond have operated without any substantiated incidents since at least 2017, if not before; and (d) the privacy of changing, shower and toilet facilities is to be improved, it is difficult to see how a policy of strict segregation on the basis of biological sex could be justified.”
The risk of challenge to the preferred option is flagged, in particular due to concerns about direct or indirect sex discrimination against women wanting to use the Ladies’ Pond.
Officers however wrote this can be justified, again citing evidence such as the consultation results and the lack of a substantiated complaint.
The recommendation is to go to the Hampstead Heath Consultative Committee on May 5 for discussion, before being presented to two further committees for decision. A final position is to be agreed on June 4.
If the recommendation is approved, an amendment is to be made to the Corporation’s access policy to reflect that both biological and trans men will be able to use the Men’s Pond, and biological and trans women the Ladies’ Pond.
The publication of the report comes amid a legal challenge launched by Sex Matters into the access arrangements despite the Supreme Court finding. The group argued the rules are unlawful and lead to sex discrimination under the Equality Act.
Its case was initially refused by Mrs Justice Lieven last year though this was overturned on appeal. It is to go before the High Court with Sex Matters applying for an expedited hearing on the first available date after June 1.
The Corporation has in-turn applied for a stay of proceedings, to allow for a decision from members first.
Ms Forstater said: “The City of London is proposing to continue with its approach of allowing fully intact males into the women’s bathing pond, including changing rooms and showers which are used by girls as young as eight.
“Despite the fact that the Equality Act and the Supreme Court expressly recognise that single-sex services are legitimate and lawful, the City of London says that restricting access to the open showers, changing and swimming areas by sex ‘would be disproportionate’ because it would affect men who identify as women.
“Dismissing the negative impact on women and girls, the Corporation says that staff should not be concerned about the ‘perceived characteristics of user’s bodies’ but only about their gender identity.
“Users will be told ‘They should not challenge other users regarding their sex or gender’ even if this means women and girls being exposed to naked male genitalia in the showers.
“This proposed policy, which the City of London has tried to avoid defending in court, is simply unlawful. It is operating as if Hampstead Heath is an enclave that is outside of the law.”
A Corporation spokesperson said: “City of London Corporation officers have set out a report on the future access arrangements for the Hampstead Heath bathing ponds.
“The report includes a range of options alongside a recommendation to maintain the current trans‑inclusive arrangements. No decisions have been taken at this stage.
“All options have been informed by our recent public consultation, expert legal advice, equality impact assessments, safeguarding responsibilities, and operational requirements.
“As part of our formal governance process, the Hampstead Heath Consultative Committee, which brings together local stakeholder groups, will discuss the paper and provide feedback on May 5.
“The report will then be put forward to Members of the Hampstead Heath, Highgate Wood and Queen’s Park Committee at their public meeting on May 12 and Policy and Resources Committee on June 4 2026 for decision, with feedback carried forward at each stage.”
As well as retaining access for trans people to the pond of their choice, the Corporation is recommending a series of improvements to the three bathing ponds. These include upgrades changing, showering and toilet facilities, at a cost of up to £1.08 million.
