Keep Hampstead ponds access as is, body recommends

Hampstead Heath's chiefs are recommending its ladies' and men's ponds remain trans-inclusive alongside a series of upgrades to the existing facilities.

The City of London Corporation's (CLC) report into its access policy follows a consultation which received overwhelming support for existing arrangements.

The ongoing management of the ponds as trans-inclusive spaces has come under scrutiny with a legal challenge launched by Sex Matters after last year's landmark Supreme Court judgement.

Maya Forstater, chief executive of the charity, said the proposed policy "is simply unlawful" and that it is operating "as if Hampstead Heath is an enclave that is outside of the law".

A spokesperson for the CLC, which manages Hampstead Heath as a registered charity, said no decision has been made yet on the ponds and that all options had been informed by expert legal advice as well as the consultation.

The Supreme Court ruling stated that under equality law the word "sex" means someone's biological sex, not the gender with which they identify.

Hampstead Heath has three ponds: the Kenwood Ladies', Highgate Men's and a mixed area.

The existing arrangements for the ladies' pond dictate that it is available for use by biological and transwomen, with the reverse true for the men's.

The corporation said this has been the case since at least 2017 and that it was consistent with the previous interpretation of the Equality Act 2010.

Members however agreed to review its policy following the Supreme Court judgement which found "sex" under equalities law refers to biological rather than certified sex.

In late September, the authority launched a consultation to ascertain public attitudes towards the ponds. It ran until 25 November with the results published in January.

The consultation, which was overseen by the research company Tonic and received 38,445 responses, found 86% of those who took part favoured maintaining the existing access arrangements, with just 13% wanting the men's and ladies' ponds to become single-sex spaces.

As well as retaining access for trans people to the pond of their choice, the CLC is recommending a series of improvements to the three bathing ponds, including upgrades to changing, showering and toilet facilities, at a cost of up to £1.08m.

Forstater, from Sex Matters, said: "The City of London is proposing to continue with its approach of allowing fully intact males into the women's bathing pond, including changing rooms and showers which are used by girls as young as eight.

"Despite the fact that the Equality Act and the Supreme Court expressly recognise that single-sex services are legitimate and lawful, the City of London says that restricting access to the open showers, changing and swimming areas by sex 'would be disproportionate' because it would affect men who identify as women."

A CLC spokesperson said: "All options have been informed by our recent public consultation, expert legal advice, equality impact assessments, safeguarding responsibilities, and operational requirements.

"As part of our formal governance process, the Hampstead Heath Consultative Committee, which brings together local stakeholder groups, will discuss the paper and provide feedback on 5 May .

"The report will then be put forward to Members of the Hampstead Heath, Highgate Wood and Queen's Park Committee at their public meeting on 12 May and Policy and Resources Committee on 4 June for decision, with feedback carried forward at each stage."

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