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Evening Standard
Evening Standard
National
Shaun Wilson

Hampstead Heath ponds could limit trans swimmers' use as consultation launched after Supreme Court ruling

A swimmer dives into the cold fresh water of Kenwood Ladies Pond on Hampstead Heath -

The City of London Corporation (CLC) is reviewing a number of options on trans inclusion in its ponds at Hampstead Heath following a landmark Supreme Court ruling.

In April, judges unanimously ruled that the legal definition of 'woman' under the Equality Act refers to a biological woman, after a case was brought against the Scottish government by campaign group For Women Scotland.

The ruling has profound implications for how sex-based services are delivered and CLC is launching a public consultation over who can use Kenwood Ladies' and Highgate Men's ponds.

Currently, trans men and trans women are allowed to use whichever pond they choose, while a Mixed Sex pond is also available, BBC News reports.

Of the six options being considered, the first is to continue the current policy - allowing trans men to freely use Highgate Men's Pond and trans women to use Kenwood Ladies' Pond.

A second option is to run the ponds as single sex facilities, allowing only biological men the use of the men's pond and biological women the use of the ladies' pond.

A third proposal is for trans people to use the pond of their identified sex as part of trans-inclusivity, but it would preclude them from using the pond of their biological sex.

A fourth option is for all ponds to be trans-inclusive but to impose sex-based restrictions on the toilets and changing rooms. This would mean trans people could use the pond of their choice but have to go back to the changing rooms of their biological sex.

A hybrid approach, allowing the ponds to be trans-inclusive at some times and separated by biological sex at others, is also being considered. A sixth option to eliminate sex divisions completely is also being explored.

Regarding the latter, CLC admitted it did not "currently favour this option, as it is believed it would be unpopular with most users, due to the unique nature and historic significance of these bathing ponds".

"However, it has been included as an option for completeness and to evaluate support for it. This will be considered alongside other options."

The Supreme Court case in April was brought by For Women Scotland against the Scottish government, and campaigners successfully argued that sex-based protections for women could only apply to those who are born female.

The Scottish government insisted that transgender people with a gender recognition certificate (GRC) had access to the same sex-based protections as biological women, but the court did not rule in its favour.

Judge Lord Hodge told campaigners the the ruling should not be interpreted as a victory for any side and pointed to the protected characteristic of gender reassignment in the Equality Act, which safeguards transgender people from discrimination.

The consultation is open until 12pm on November 25. To have your say, click here.

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