Views sought on transgender access to Hampstead Heath’s bathing ponds

The local authority which runs Hampstead Heath’s bathing ponds is seeking views on transgender people’s access to its swimming areas after a ruling on the legal definition of a woman.

In a consultation opening on Tuesday, the City of London Corporation (CLC), which runs the north London green space and many of its facilities, is asking for swimmers and local residents to share their opinions on who should be able to access the Kenwood Ladies’, Highgate Men’s, and Hampstead Mixed ponds.

Currently, biological men and transgender men are allowed to use the Men’s Pond, while the Ladies’ Pond admits biological women and transgender women, with the protected characteristics of gender reassignment under the Equality Act 2010, the CLC said.

The CLC said current arrangements had “been in place for many years” and follow its own gender identity policy – adopted in 2019 following a public consultation – and previous versions of the watchdog the Equality and Human Rights Commission’s (EHRC) statutory code of practice.

But after a Supreme Court ruling in April, which said the words “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex, both the CLC’s gender identity policy and previous EHRC guidance have been withdrawn.

The CLC said it is reviewing its access rules to ensure they are fair, lawful and respectful.

It said its consultation, running until November 25, will ask for views on whether the ladies’ pond and the men’s pond should operate as trans-inclusive spaces, as they currently do, or become single-sex or mixed-sex spaces.

Consultees will also be asked to give feedback on whether the communal toilets and changing rooms at the ponds should be trans-inclusive, and whether there should be specific times reserved for biological single-sex use.

Chris Hayward, the chairman of policy at the CLC, said: “Hampstead Heath is one of London’s most cherished open spaces, and the bathing ponds are an integral part of the heath.

“We want to hear directly from users and other stakeholders about how they value these unique facilities and how they believe they should operate in the future, and I encourage everyone with an interest to take part in the consultation.

“We recognise the sensitivity surrounding this issue. Our consultation will help ensure that everyone’s voice is heard, and that decisions are made in a fair, respectful and transparent way, in line with the law.

“While the consultation will be an important source of insight, it is not the only factor. The views we receive will sit alongside our wider responsibilities – including meeting legal requirements, assessing equality impacts, ensuring safeguarding, and considering how any decisions could be implemented in practice.”

Earlier in September, Baroness Kishwer Falkner, chairwoman of the EHRC said it would be “difficult” for service providers to adapt the ruling “into practical steps”, but asserted that firms should have already been adhering to the law.

The CLC said findings from its consultation will help inform decisions made by its committees, with current admission policies remaining in place until the consultation ends and decisions on future access are made.

The results of the consultation will be published at a later date, the CLC confirmed.

People can have their say at www.hampstead-heath-bathing-ponds.commonplace.is