Trans women can STILL use female-only bathing pond despite Supreme Court ruling

The City of London Corporation has voted to maintain existing access policies at the Hampstead Heath bathing ponds, allowing transgender women to continue using the Kenwood Ladies’ pond and trans men to access the Highgate Men’s pond. This decision comes despite a landmark Supreme Court judgment in April 2025, which established that the legal definition of a woman is rooted in biological sex.

The Corporation’s decision followed an extensive public consultation that began last October. Of the 38,000 responses received, 86 per cent expressed support for maintaining the current arrangements, which also provide a mixed pond accessible to all swimmers regardless of gender identity.

Did You Know? The City of London Corporation intends to address privacy concerns by installing additional private cubicles as part of upcoming upgrades to the toilet and shower facilities at the ponds.

Legal Tensions and Conflicting Guidance

The move to preserve current procedures places the Corporation at odds with recent guidance from the Equality and Human Rights Commission, which stated that single-sex services must operate based on biological sex. Campaign groups, most notably Sex Matters, have argued that the Corporation is effectively ignoring the trans framework now enshrined by law.

Fiona McAnena, director of Sex Matters, has accused the council of attempting to “ride roughshod over the law.” She contends that the policy discriminates against female users who do not expect to encounter biological males in the Ladies’ pond facilities. Conversely, trans swimmers have characterized these objections as “cruel and judgemental,” emphasizing their long-standing history of using the ponds without incident.

Expert Insight: The friction between local policy and national legal rulings highlights a complex challenge for public facility managers. While the Supreme Court has clarified the legal definition of sex, the debate over how that translates into the management of communal, gender-segregated spaces suggests that authorities may face continued difficulty in balancing inclusive community traditions against evolving judicial standards.

What Comes Next?

The legal landscape surrounding these facilities remains volatile. With the Court of Appeal having already granted Sex Matters permission to pursue a legal challenge against the ponds’ access arrangements, the Corporation’s policy may be subject to further judicial scrutiny. If the courts ultimately rule that the current policies are unlawful, the Corporation could be forced to abandon its current framework despite the overwhelming public support indicated in the recent consultation.

Supreme Court to decide meaning of sex | Fiona McAnena on TalkTV

Alternatively, if the Corporation maintains its current path, it may continue to face mounting pressure from advocacy groups who argue that the policy constitutes a breach of equality law. The outcome of the ongoing legal challenge will likely determine whether the local preference for “safe, respectful and inclusive” spaces as defined by the Corporation can coexist with the legal framework established by the Supreme Court.

Frequently Asked Questions

Are transgender women still allowed to use the Kenwood Ladies’ pond?
Yes. Despite the April 2025 Supreme Court ruling, the City of London Corporation has voted to maintain its existing access policies, which allow transgender women to use the Ladies’ pond.

What was the result of the public consultation regarding the ponds?
The consultation drew 38,000 responses, with 86 per cent of participants voting in favour of continuing the current access policies.

What is the position of the City of London Corporation regarding the law?
Policy chairman Chris Hayward argued that while the Supreme Court clarified the legal meaning of sex, it did not mandate that all trans-inclusive services must convert to single-sex provision.

How do you believe public institutions should balance community-led consultation results with evolving legal definitions of sex?