High Court Upholds Trans Access to Hampstead Heath Ponds, Dismisses Charity Challenge
A recent High Court ruling has dismissed a legal challenge by the charity Sex Matters. The group attempted to prevent transgender people from using single-sex swimming facilities at London’s Hampstead Heath. This decision allows current trans-inclusive policies for the ponds to continue, at least for now. The case centered on the interpretation of the Equality Act 2010.
Background to the Legal Action
Hampstead Heath features three main bathing ponds. These include the Kenwood Ladies’ Pond and the Highgate Men’s Pond, which are designated single-sex spaces. There is also a mixed-sex pond. For years, the City of London Corporation, which manages the ponds, has allowed transgender men and women to use facilities corresponding to their gender identity. This policy has been in place since at least 2017.
The charity Sex Matters argued this policy was unlawful. They claimed it constituted sex discrimination. Their challenge was partly inspired by a UK Supreme Court ruling in April 2025. That ruling stated that “woman” and “sex” in the Equality Act 2010 refer to biological sex. Sex Matters argued the City of London’s policy should change following this judgment. They believed the current rules treated women less favorably. A witness for Sex Matters stated women faced a greater risk to privacy, dignity, or safety.
The High Court’s Decision
Mrs Justice Lieven presided over the High Court hearing. She ruled that the High Court was not the correct venue for this specific legal challenge. The judge stated the case was “premature”. She explained the City of London Corporation was in the process of reviewing its policies. Therefore, no definitive new decision had been made that could be judicially reviewed.
Furthermore, Mrs Justice Lieven suggested the appropriate forum for such a claim is the county court. She stated, “In my view the more appropriate person to bring this claim is an individual who says that they have been discriminated against by decisions about access to the ponds”. This means the current legal challenge by Sex Matters has been dismissed on procedural grounds. It does not determine the lawfulness of the policy itself.
Consultation and Future Policy
In parallel with the legal proceedings, the City of London Corporation conducted a public consultation. This consultation sought views on the future access arrangements for the bathing ponds. It followed the Supreme Court’s ruling on biological sex. Over 38,000 people participated in this extensive consultation.
The results, published on January 29, 2026, showed strong support for maintaining the current inclusive policies. A significant 86% of respondents favored keeping the existing arrangements. This means trans men and women can continue to use the pond corresponding to their gender identity. Furthermore, a majority rejected introducing strict single-sex access or separate changing facilities. Making all ponds mixed-sex also received low support.
Implications and Reactions
The City of London Corporation will consider these consultation findings. They will also weigh legal duties and operational factors. The current admission rules will remain in place while a final decision is made by the relevant committees.
A spokesperson for the City of London stated the case consumed significant time and resources. This diverted efforts from managing Hampstead Heath as a charity and providing public services.
Sex Matters expressed disappointment. They indicated they are considering their next legal steps. The charity maintained that allowing transgender people into single-sex spaces is unlawful discrimination.
Trans rights advocacy groups welcomed the High Court’s decision. They noted that trans-inclusive policies are the norm across the country. They called for government clarity to protect service providers from expensive litigation. This news is currently trending as an important development in the ongoing debate about gender identity and single-sex spaces in London and across the UK.
The Equality Act 2010 and Single-Sex Spaces
The Equality Act 2010 permits single-sex services under certain conditions. These include situations where only one sex requires the service. Services must also be a “proportionate means of achieving a legitimate aim”. The recent Supreme Court judgment clarified that “sex” for the purposes of the Act refers to biological sex. However, the Act also protects transgender people under the characteristic of “gender reassignment”. Balancing these rights remains a complex legal area for service providers.
