Campiagn group Sex Matters said it has submitted a legal challenge over the decision to continue operating the men’s and women’s swimming ponds on the basis of gender self-identification.
The group claims this is in breach of the law following a Supreme Court ruling on the definition of ‘woman’ in the Equality Act 2010.
The court found that this did not include transgender women with gender recognition certificates.
This ruling means that these individuals can be excluded from single-sex spaces such as women’s refuges and changing rooms, if it is a proportionate means of achieving a legitimate aim, such as ensuring safety and privacy.
Sex Matters believes this should apply to Kenwood Ladies’ Pond.
The City of London Corporation, which manages Hampstead Heath, introduced its current policy to allow transgender women access to the Ladies’ Pond in 2019.
It has since put up new signage stating that those who identify as women are welcome to swim at the Kenwood Ladies’ Pond.
The corporation said it is reviewing its policies following the Supreme Court ruling, but has not made any immediate changes.
The Kenwood Ladies’ Pond Association (KLPA), a volunteer group representing users of the pond, has said the space should remain open to all women and girls over the age of eight.
The group argues that trans women have been using the pond for many years without incident.
Pauline Latchem and Beth Feresten, co-chairs of the KLPA, said: “Individuals will have their own views about the Supreme Court ruling.
“The Ladies’ Pond is open to all women and girls over the age of eight and, according to the lifeguards, trans women have been swimming there for many years without incident.
“The Ladies’ Pond is well staffed by lifeguards and stewards who are there to ensure the safety and wellbeing of all users.”
Sex Matters is asking the court for a declaration that the rules allowing men into the Ladies’ Pond are unlawful, and for an order quashing these decisions and the admissions rules.
They believe this would return the ponds to being single sex, and provide clarity to other service providers about the legal requirements in providing single-sex services.
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 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.”
