Women's group to sue Hampstead Ladies' Pond for allowing trans bathers - despite Supreme Court ruling
A row has erupted at Hampstead Heath over whether transgender women can continue swimming in the Ladies’ Pond.
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In May, the much-loved London landmark refused to ban trans women from accessing the popular swimming spot, despite a Supreme Court ruling.
The UK’s highest court ruled only biological women are deemed legally female.
But the pond said it would keep its inclusive self-ID policy introduced by the City of London Corporation in 2019.
The London authority confirmed the policy would “remain in effect at this time” despite the judgement.
Now, the campaign group Sex Matters plans to make a £50,000 legal claim against the City of London Corporation.
'Linguistic trickery'
Maya Forstater, chief executive of Sex Matters, told The Times: “We were amazed to discover that the City of London Corporation thinks the Ladies’ Pond is not a ‘single-sex service’ in law. This is nothing more than linguistic trickery.
“The corporation claims that, because it chooses to define ‘women’ and ‘men’ according not to biological sex but to who wants to be referred to as ‘she’ or ‘he’, the Supreme Court judgment doesn’t apply.
“Neither Hampstead Heath nor the City of London Corporation are sovereign entities that get to make their own laws.
“We will be taking our next steps in August and think this case will be very significant in testing what can only be described as creative interpretations of equality law following the Supreme Court judgment.”
'Without incident'
After the Supreme Court ruling back in May, the Kenwood Ladies’ Pond Association (KLPA), a volunteer-led group representing people who use the pond, said: “The Ladies’ Pond is open to all women and girls over the age of eight and, according to the lifeguards, trans women have been swimming there for many years without incident.
“The Ladies’ Pond is well staffed by lifeguards and stewards who are there to ensure the safety and wellbeing of all users.”
Members of the KLPA also voted to reject a motion that "only those born female in sex can use the pond".
A spokesperson for the City of London Corporation said:“In line with other service providers, we are reviewing our access policies, including those at Hampstead Heath’s Bathing Ponds.
“In doing so, we must consider the impact of current and potential future arrangements on all visitors, while ensuring we meet our legal duties and provide appropriate access.“This summer we will engage with our service users and other stakeholders to ensure we understand their needs and can take properly informed decisions.
“In considering the way forward, we have taken, and will continue to take, specialist legal advice. The current arrangements remain in place during the review.“Our priority is to provide a safe and respectful environment for everyone.”
