Campaign group threatens legal action against City of London over policy on bathing in Ladies’ Pond at Hampstead Heath

This comes after the Supreme Court ruled in April that a person with a full gender recognition certificate which recognises their gender as female, is not a “woman” for the purposes of the Equality Act 2010 (EA 2010), and that the meaning of the word woman in the 2010 Act is “biological”.

There are three swimming ponds on Hampstead Heath, managed by the Corporation of London: a mixed pond, a men’s pond and a women’s pond.

Currently, the Corporation of London’s gender identity policy allows trans-women into the Ladies’ Pond.

Following the Supreme Court judgment, Sex Matters wrote a letter before action to the Corporation, asking it to “bring its policies on how it manages the swimming ponds on Hampstead Heath into line with the Equality Act”. 

Sex Matters said: “Our letter before claim follows a response from the Corporation to a Sex Matters supporter, in which it claimed that the Ladies’ Pond is not a single-sex service, and so trans-identifying men can lawfully be admitted. We have put the corporation on notice that unless it withdraws the policy and confirms that it will operate the ladies’ pond as a single-sex service, we will seek to challenge it in court.”

According to the charity, the Corporation responded saying that it is to undertake a review and information-gathering exercise, and in the meantime will put up signs to say that transgender women are welcome to use the women’s ponds, changing rooms and showers. 

The Corporation noted that although the Supreme Court has made it clear that references to “women” in the Equality Act 2010 are references to biological sex, “it went no further than that”. 

It added in response to the pre-action letter: “The Corporation is expressly not seeking to rely on the exceptions under paragraphs 26 – 28 of Schedule 3 EqA because the Corporation recognises, following the Supreme Court’s ruling, that it is not providing single-sex facilities as defined within the EqA.”

Sex Matters said it plans to lodge a claim against the Corporation in August. It has so far raised £9,200 towards its target of £50,000 for the legal action.

A spokesperson 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.”

The spokesperson added: “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.”

Lottie Winson