A High Court judge has rejected a legal challenge to trans-inclusive access rules at Hampstead Heath's swimming ponds, ruling the case "premature" because the City of London is still reviewing its policy. The decision by Mrs Justice Lieven means current admission arrangements allowing trans people to use facilities matching their gender identity will remain in place while the authority completes its decision-making process.
The ruling came on the same day the City of London published consultation results showing overwhelming public support for the existing policy. Of more than 38,000 participants, 86% backed retaining trans-inclusive access arrangements at the north London ponds.
Sex Matters, the campaign group behind the judicial review application, had sought to challenge the City's rules permitting trans women born male to use women's ponds, changing rooms and showers. The policy has been in place since 2017.
Court's reasoning
Justice Lieven dismissed the case on procedural grounds, stating the City of London Corporation had not yet made a "fresh decision" that could be subject to judicial review. «In my view the Corporation has not made a fresh decision which is amenable to judicial review, but rather it is in the process of so doing,» she said. «Therefore, the claimant is premature in bringing a challenge at this point in the decision-making process.»
The judge added that individuals who believe they have experienced discrimination regarding pond access could bring claims in county court. «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,» she stated.
Consultation findings
The City of London's two-month public consultation, one of its largest engagement exercises, revealed strong backing for current arrangements. Beyond the 86% supporting existing trans-inclusive access, 90% of respondents rejected requiring trans swimmers to use separate changing rooms or swimming sessions. However, 66% opposed making all ponds mixed sex.
Chris Hayward, the City's policy chairman, said the results demonstrated how much the ponds are valued. «The volume and tone of responses we received demonstrate very clearly just how much the ponds are valued as calm, safe, welcoming community spaces for all to enjoy,» he stated.
He emphasized the consultation was not a referendum but would inform the decision-making process. «While we've been clear that the consultation was not a referendum, carefully reviewing the findings from it will form an important part of our wider decision-making process, which we will communicate clearly to the public in the months ahead,» Hayward added.
Campaign group's response
Maya Forstater, Sex Matters' chief executive, said the procedural ruling did not validate the City's policy. «The fight for women's safety, privacy and dignity in single-sex spaces will continue. Just because this particular claim was ruled out on procedural grounds does not give any service provider the green light to allow trans-identifying males into female facilities,» she stated.
Forstater criticized the City for avoiding a legal defense of its policy. «The City's policy and its unwillingness to defend the lawfulness of that policy in court simply pushes the risk of harassment and the cost and difficulty of taking legal cases onto individual women and members of staff. This is deeply unjust,» she said. The group is considering its legal options.
Next steps
A City of London spokesperson confirmed current admission rules will remain until committees make a final decision. The findings will be considered alongside legal duties, equality impact assessments, safeguarding responsibilities and operational factors.
The legal challenge followed a Supreme Court ruling in April that defined "woman" and "sex" in the Equality Act 2010 as referring to biological sex at birth. Sex Matters filed its lawsuit in August, arguing the ruling provided grounds to challenge the City's trans-inclusive policy.
The City operates three swimming ponds at Hampstead Heath: Kenwood Ladies', Highgate Men's and Hampstead Mixed. A spokesperson noted the case had required significant time and resources that could otherwise be focused on managing the Heath as a charity.
Note: This article was created with Artificial Intelligence (AI).
