A row over transgender women using a female-only wild swimming spot in Hampstead Heath looks set to reach the High Court as campaigners launch a £50,000 judicial review.
Women’s rights charity Sex Matters are gearing up to take legal action against the City of London Corporation over the inclusion of trans women at Kenwood Ladies' Bathing Pond.
The Standard also understands that a series of judicial proceedings by the charity against other public bodies may also be on the cards.
The Ladies' Pond is a popular destination, especially during the summer, with some weeks seeing around 600 swimmers per day.
For the last six years, the Corporation has stated that anyone over the age of eight who identifies as a girl or woman can swim in Ladies' Pond.
The Kenwood Ladies’ Pond Association plans to strengthen its policy by erecting signs to say that trans women could use the pond, changing rooms and showers.
But critics claim that this is a breach of the law following the recent landmark Supreme Court ruling on the legal definition of a woman.
In April, the court's judges unanimously ruled that a woman is defined by biological sex under the Equality Act.
Some women who use the Ladies' Pond said that the policy makes them feel uncomfortable, with one saying she felt “trapped” when she was naked in front of a trans woman.
Maya Forstater, chief executive of Sex Matters, said: “We were amazed to discover that the City of London Corporation thinks the Ladies’ Pond is not a ‘single-sex service’ in law. This is nothing more than linguistic trickery.
“The Corporation claims that, because it chooses to define ‘women’ and ‘men’ according not to biological sex but to who wants to be referred to as ‘she’ or ‘he’, the Supreme Court judgment doesn’t apply.
“Neither Hampstead Heath nor the City of London Corporation are sovereign entities that get to make their own laws.
“We will be taking our next steps in August and think this case will be very significant in testing what can only be described as creative interpretations of equality law following the Supreme Court judgment.”
Last year, KLPA members rejected a motion that “only those born female in sex can use the pond”.
The KLPA previously stated: “The Ladies’ Pond is well staffed by lifeguards and stewards who are there to ensure the safety and wellbeing of all users.”
While people have been swimming in the ponds since the ponds were built as reservoirs in the 17th and 18th centuries, the Ladies' Pond was formally designated in 1925.
A spokesman for the City of London Corporation said: “In line with other service providers, we are reviewing our access policies, including those at Hampstead Heath’s Bathing Ponds. In doing so, we must consider the impact of current and potential future arrangements on all visitors, while ensuring we meet our legal duties and provide appropriate access.
“This summer we will engage with our service users and other stakeholders to ensure we understand their needs and can take properly informed decisions. In considering the way forward, we have taken, and will continue to take, specialist legal advice. The current arrangements remain in place during the review. Our priority is to provide a safe and respectful environment for everyone.”
