Hampstead Heath Ladies Pond gender policy under review, City of London says

The City of London is “reviewing” the gender policy its trans-inclusive ladies-only swimming pool.

A spokesperson for the City of London Corporation (CoLC) said it is considering changes to a policy on trans women’s right to swim at the ladies-only bathing ponds in Hampstead Heath.

The review, officials say, will “consider the impact” of an April Supreme Court ruling, which argued the 2010 Equality Act’s definition of a woman refers to “biological women,” on any “future arrangements” of the ponds.

Opened in 1926, Hampstead Heath Ladies Pond – one of the largest open-air swimming spots in London – has never banned trans women from entering.

In 2019, CoLC formally acknowledged trans people’s right to swim at the north London pond through a policy ensuring “our public services do not discriminate against trans people.”

That policy was reaffirmed by members of the Kenwood Ladies’ Pond Association (KLPA) during a vote at its 2024 annual general meeting, rejecting a policy that would have redefined the word woman to mean “only those born female in sex.”

Following the April Supreme Court judgement, the Equality and Human Rights Commission (EHRC) published controversial interim guidance which recommended that trans people be barred from facilities corresponding to their gender identity and, in some cases, from facilities related to their birth sex.

The guidance, while not legally enforceable, has been used to exclude trans people from gendered facilities. It is part of a wider review into the EHRC’s guidance on trans inclusion for service providers.

CoLC has since said it would consult with Hampstead Heath Ladies Pond service users and “other stakeholders” to review its policy on trans inclusion to “ensure we understand [service users’] needs and can take properly informed decisions.”

A spokesperson told The Telegraph: “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,” they continued. “In considering the way forward, we have taken, and will continue to take, specialist legal advice.”

The enforceability of policies excluding trans women from female facilities has been called into question by legal experts over the past few months, with many arguing that neither the Supreme Court judgement, nor the EHRC interim guidance, forces public services to exclude trans people.

Baroness Brenda Hale of Richmond, former Supreme Court president and its first female judge, argued that ruling had been “misinterpreted” and said “nothing” about excluding trans people from gendered facilities.

The 80-year-old said during a live panel that the 2010 Equality Act doesn’t require services to provide facilities “according to sex,” nor did it say you “can’t have gender-neutral loos.”

Kenwood Ladies’ Pond Association told PinkNews in 2024 that it is “committed” to creating an “inclusive environment for all women, including transgender women.”

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