Hampstead ponds remain trans-inclusive for now after judge dismisses legal challenge
"The current admission rules will remain in place until a final decision has been made by members,” said the City of London Corporation
By Aaron Sugg
Hampstead Heath’s public swimming ponds will remain trans-inclusive after a legal challenge by Sex Matters against transgender access was dismissed.
Following a ruling by Mrs Justice Lieven today (29 January), the gender-critical human rights charity’s case was dismissed by the High Court.
Sex Matters had brought a judicial review against the ponds’ operator, the City of London Corporation, arguing that allowing trans people to use facilities that align with their gender identity was a breach of the Equality Act 2010, amounting to “discrimination”.
“The Ladies’ Pond is open to biological women and trans women” – pen the City of London Corporation signposts surrounding Hampstead ponds
The challenge followed an April 2025 UK Supreme Court ruling defining a woman under the law as based on “biological sex”, a decision which excludes trans women.
In July 2025, the City of London Corporation installed new signage around Hampstead ponds, addressing the ruling: The signs stated: “Those who identify as women are welcome to swim at the Kenwood Ladies’ Pond. The Ladies’ Pond is open to biological women and trans women with the protected characteristic of gender reassignment under the Equality Act 2010.”
Representing Sex Matters, Tom Cross KC argued the policy treated women “less favourably”, placing them at a “greater risk of suffering the detriment of her privacy, dignity or safety being compromised”.
“Unhelpful, premature and the wrong way for doing these things” – Daniel Stilitz KC on Sex Matters’s challenge
The City of London Corporation’s lawyer, Daniel Stilitz KC, described the claim as “unhelpful, premature and the wrong way for doing these things”, noting that the policy has been in place since 2017.
Trans women have a long history of using the Hampstead Heath ponds, with trans-inclusive access formally recognised in 2017 in line with the Equality Act 2010.
Mrs Justice Lieven dismissed the case on procedural grounds, ruling that the “appropriate forum” for the claim would be the County Court rather than the High Court.
The decision follows statistics released by the City of London Corporation, which found that 86 per cent of respondents supported the current trans-inclusive access arrangements, based on more than 38,000 responses.
“The current admission rules will remain in place until a final decision has been made” – Hampstead ponds remain trans inclusive
A spokesperson for the City of London Corporation said in a statement: “The findings will be presented to City Corporation committees, which will consider them alongside legal duties, equality impact assessments, safeguarding responsibilities and operational considerations.
“In the meantime, the current admission rules will remain in place until a final decision has been made by members,” they said, adding that further guidance will be released.
Trans-led advocacy group Trans+ Solidarity Alliance said: “It’s a shame that yet more public money has had to be spent defending against endless lawfare from a vocal, well-funded minority trying to force trans people out.”
“Trans inclusion is the norm across the country, and this government needs to act to ensure clarity and confidence for service providers to continue this without leaving them at risk of expensive litigation,” organisers added.
Chief executive officer and co-founder of Sex Matters, Maya Forstater, expressed her disappointment over the news. Writing to X, she said: “This is a disappointing result but the fight goes on.”
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