A charity has gone to the High Court requesting a judicial review of the City of London Corporation’s admittance policy for Hampstead Heath’s men and women’s ponds.
Sex Matters has filed its claim in response to the Corporation, which owns and manages the Heath, erecting signs at Kenwood Ladies’ Pond stating it is open “to biological women and trans women with the protected characteristic of gender reassignment under the Equality Act 2010”.
The charity says this contradicts the Supreme Court judgement handed down earlier this year that ‘sex’ in the Act refers to biological sex.
Sex Matters had already threatened the Corporation with legal action if it did not drop its self-ID policy for Kenwood Ladies’ Pond in June, before the signs were installed.
Fiona McAnena, Director of Campaigns at Sex Matters, said 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”.
A spokesperson for the Corporation said it has committed to a “careful review” of its policies and will be engaging with users of the ponds and other stakeholders.
“This will ensure that everyone’s voice is heard and enable us to make properly informed decisions about the impact of current and potential future arrangements, while meeting our legal duties,” they said.
The Supreme Court’s ruling, handed down in April, has led to organisations such as the NHS reviewing guidance on single-sex spaces with potentially huge ramifications for transgender people wishing to use certain facilities.
It may also concern the Kenwood Ladies’ Pond in Hampstead Heath, which has been the focus of protests over its policy of allowing transgender women access based on the 2010 Act. The Corporation updated its gender identity policy in 2019 to comply with the legislation.
The push-back included a failed bid last year to amend the constitution of the Kenwood Ladies’ Pond Association (KLPA), a volunteer-led organisation promoting the interests of the pond, to state only those born female can use the space.
READ MORE: Should the Ladies' Pond allow trans women? Two writers take sides on the issue dividing London
A City of London Corporation spokesperson previously told the Local Democracy Reporting Service (LDRS) it was “carefully considering” the judgement, adding: “We remain committed to providing a safe and enjoyable environment for all.”
In a recent online post, Sex Matters wrote its case is “not merely about a much-loved swimming spot in London. The central issue is whether service providers in general may lawfully permit people to access otherwise single-sex spaces of the opposite sex on the basis of transgender identity.”
It claimed the rules detailed in the signage erected by the Corporation are unlawful, as they constitute “direct sex discrimination against both women and men” and “direct/indirect sex discrimination against women”.
Sex Matters notes several experiences of women who use the pond and have raised concerns about the policy.
One, attributed to a woman known as “Frances”, who Sex Matters says is a registered disabled pensioner, reads: “I now no longer swim at the ponds as I feel completely unsafe in enclosed spaces when men/naked men are known (and encouraged) to be in the vicinity. I am short-sighted – so seeing through the steam in the changing-rooms in the winter or who is on the meadow in the summer is difficult when I am showering or drying myself. I feel threatened by the known presence of men in our space.”
Ms McAnena said: “Kenwood Ladies Pond was 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.
“The Corporation’s policy, granting access to any man who says he identifies as a woman, makes this a mixed-sex space in which some women no longer feel comfortable.
“The Supreme Court has said clearly that a female-only service can and must exclude everyone male, no matter how they identify.
“The City of London Corporation and some male users of the pond are ignoring this, in defiance of the law.
“Many women have had a lifetime of dealing with men who will not take no for an answer. If going to court is the only way to make our no clear, that’s what we will do.”
A spokesperson for the City of London Corporation said: “We recognise the sensitivity surrounding this debate and the complexities concerning access arrangements at Hampstead Heath’s swimming ponds.
“Like many organisations, we have committed to a careful review of our access policies and will be engaging and consulting with users of the swimming ponds and other stakeholders later this year.
“This will ensure that everyone’s voice is heard and enable us to make properly informed decisions about the impact of current and potential future arrangements, while meeting our legal duties.
“The current arrangements, which have been in place since 2019, will stay in effect during our engagement process.
“We are aware of the legal claim by Sex Matters and will respond in due course. We continue to take specialist legal advice to guide our approach. Our priority is to provide a safe and respectful environment for everyone.”
A KLPA spokesperson said the group is aware of the legal challenge but has not been in direct contact with Sex Matters since an email was received in 2022.
“We have nearly 900 members, and those members voted in 2024 to maintain a trans-inclusive membership policy for the association,” they said. “We do not set the admissions policy for the Ladies’ Pond though; that is down to the City.
“Our membership includes women with a wide variety of views on this subject, which is to be expected. However we urge all of our members to be welcoming and respectful to other swimmers at the Ladies’ Pond. There are staff on duty, at least five at any one time, who can be approached by any swimmer who experiences inappropriate behaviour, whoever that might come from.
“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. It is a beautiful place where women and girls swim safely.”
