Trans swimmers can continue to use Hampstead ponds, High Court rules
- Text by Ella Glossop
- Photography by Alex Segra / Shutterstock
Swim on — It follows a legal challenge by gender critical advocacy group Sex Matters, while a major public consultation showed overwhelming support for keeping the ponds trans-inclusive.
A legal challenge attempting to block trans people from using single-sex swimming ponds at Hampstead Heath has been dismissed, after a High Court judge ruled the case could not proceed in that forum.
The challenge was brought by Sex Matters, a gender-critical charity, against the City of London Corporation, which manages the men’s, women’s and mixed bathing ponds in north London. The group argued that the corporation’s policy, which allows trans people to use the facilities that align with their gender identity, amounted to sex discrimination under the Equality Act.
However, Mrs Justice Lieven ruled that the claim should be brought by an individual through the county court, rather than as a judicial review in the High Court. In her decision, she said the “appropriate forum” for such a complaint would be a case brought by someone who said they had personally experienced discrimination.
Sex Matters had based its claim on an April 2025 Supreme Court ruling that defined “woman” and “sex” in the Equality Act as referring to biological sex. At a hearing in December, the group’s legal representative argued that women using the ponds were placed at greater risk of having their “privacy, dignity or safety” compromised under the current rules, and said the City of London Corporation should have revised its policy following the ruling.
The City of London Corporation argued that the challenge was out of time, noting that the trans-inclusive policy has been in place since 2017. Its barrister described the case as “unhelpful” and “the wrong way” to address questions around access to public facilities.
The judgment came on the same day the corporation published the results of a two-month public consultation on future access arrangements at the bathing ponds. More than 38,000 people responded, with overwhelming support for retaining the existing trans-inclusive policy.
According to the findings, 86% of respondents backed keeping the current arrangements, while a similar proportion opposed introducing strict single-sex access. 90% rejected proposals that would require trans swimmers to use separate changing facilities or attend segregated swimming sessions, and two-thirds opposed making all ponds mixed-sex. The majority of respondents had used the ponds themselves, and nearly three-quarters lived in London.
Sex Matters said it was “disappointed” by the ruling and was considering its legal options. In a statement, its CEO, Maya Forstater, said: “The fight for women’s safety, privacy and dignity in single-sex spaces will continue. Just because this particular claim was ruled out on procedural grounds does not give any service provider the green light to allow trans-identifying males into female facilities.”
The City of London Corporation said the consultation was open to anyone and designed to gather a broad range of perspectives, though the majority of respondents had direct experience of the ponds: 84% said they had swum there, and 74% lived in London. Alongside the survey, a series of focus groups with regular pond users also showed strongest support for keeping the current trans-inclusive access arrangements.
In a statement, City of London Policy Chairman said: “The volume and tone of responses we received demonstrate very clearly just how much the ponds are valued as calm, safe, welcoming community spaces for all to enjoy.
“While we’ve been clear that the consultation was not a referendum, carefully reviewing the findings from it will form an important part of our wider decision-making process, which we will communicate clearly to the public in the months ahead.”
Ella Glossop is Huck’s social editor. Follow her on Bluesky.
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